Figy

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED CLASS ACTION COMPLAINT

Now before the Court is a motion by defendant Amy’s Kitchen, Inc. (“Amy’s Kitchen”) to dismiss plaintiffs first amended class action complaint. Docket No. 48. The motion is scheduled for a hearing on April 25, 2014. Pursuant to Civil Local Rule 7-l(b), the Court finds this matter appropriate for resolution without oral argument, and hereby VACATES the hearing. For the reasons set forth below, the Court GRANTS defendant’s motion to dismiss and DISMISSES the action WITHOUT PREJUDICE pursuant to the doctrine of primary jurisdiction.

BACKGROUND

This is a consumer class action. Defendant Amy’s Kitchen markets and sells a number of products listing “evaporated cane juice” or “organic evaporated cane juice” (“ECJ”) as an ingredient on the product’s labeling. Docket No. 44, First Amended Complaint (“FAC”) ¶¶ 2, 5 (Table 1). Plaintiff alleges that using the term ECJ violates Food and Drug Administration (“FDA”) regulations which require food labels to reflect the common or usual name of an ingredient. FAC ¶¶ 5, 24, 44, 48 (citing 21 C.F.R. §§ 101.3 , 101.4, 102.5, 131.200, 184.1854, 1.21,…