A Florida pharmacist, whom the Food and Drug Administration (FDA) sought to enjoin from filling veterinarians’ prescriptions for non-food producing animals by compounding from bulk substances without FDA approval, has joined with the U.S. government in seeking the dismissal of its appeal from a district court decision finding that FDA had no authority to do so. United States v. Franck’s Lab, Inc., No. 11-15350-BB (11th Cir., motion to vacate and dismiss as moot filed October 16, 2012). According to the parties, the matter is moot because the pharmacist has sold his business and signed a 7-year, non-competition agreement. They also ask the court to vacate the lower court’s ruling with instructions to dismiss the complaint. According to the district court, pharmacists are state-regulated, and FDA had premised its authority on guidance documents explaining the factors it will consider when deciding whether to regulate drug compounders. Oral argument had been scheduled for November 1, 2012, but will presumably be cancelled, assuming the Eleventh Circuit grants the motion.