Swearingen

ORDER DENYING MOTION TO DISMISS

I. INTRODUCTION

This putative class action complaint challenges use of the term “evaporated cane juice” by Yucatan Foods, L.P..(“Yucatan”) on the labels of several of its products, all of which are alleged to carry identically misleading labels in violation of California’s Sherman Law and Unfair Competition Law. Yucatan moves to dismiss on the grounds that (1) plaintiffs cannot plead federal jurisdiction based on class action status; (2) plaintiffs’ claims are preempted by federal law; (3) the subject matter falls within the primary jurisdiction of the Food and Drug Administration. (“FDA”); (4) plaintiffs lack standing to sue; and (5) plaintiffs fail to state a plausible claim under the UCL. For the reasons explained below, Yucatan’s motion to dismiss is denied.

II. BACKGROUND

Plaintiffs allege Yucatan has sold various misbranded products in violation of California’s Sherman Food, Drug, and Cosmetics Law, Cal. Health & Safety Code *893 .§§ 109875, et seq. (“Sherman Law”), which incorporates the requirements of the federal Food, Drug and Cosmetics Act (“FDCA”). 1 ' They advance a claim for relief under the Unfair Competition Law, Cal. Bus. &…