Saubers
Saubers v. Kashi Co.
Opinion
Lead Opinion
Sammartino, J.
ORDER GRANTING MOTION TO DISMISS SECOND CONSOLIDATED AMENDED CLASS ACTION COMPLAINT
Presently before the Court is Defendant Kashi Company’s (“Kashi”) Motion to Dismiss Second Consolidated Amended Class Action Complaint. (Mot. to Dismiss, ECF No. 32). Also before the Court are Plaintiffs Nadine Saubers, Jeanne Burns, De- *1110 nelda Norwood, Jennifer Poplin, Wendy Perel, and James Waldron’s (“Plaintiffs”) response in opposition, (Resp. in Opp’n, ECF No. 35), and Kashi’s reply in support. (Reply in Supp., ECF No. 38.) The motion hearing that was scheduled for January 16, 2014 was vacated and the matter taken under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Having considered the parties’ arguments and the law, the Court GRANTS Kashi’s motion and DISMISSES this action WITHOUT PREJUDICE pursuant to the doctrine of primary jurisdiction.
BACKGROUND
In this consumer class action, Plaintiffs allege that over 75 different food products manufactured by Kashi are “misbranded” because they list “evaporated cane juice,” or variations of that term, as an ingredient on the products’ packaging. (Am. Compl. ¶¶ 1, 3, ECF No. 28.) Plaintiffs maintain that such…