Swearingen

ORDER GRANTING DEFENDANT’S MOTION FOR RECONSIDERATION AND DISMISSING ACTION WITHOUT PREJUDICE

Plaintiffs in this putative class action claim use of the term “evaporated cane juice” by Yucatan Foods, L.P. (“Yucatan”) is unlawful in light of federal food labeling laws and regulations and therefore viola-tive of California’s Sherman and Unfair Competition Laws. Yucatan previously moved to dismiss on various grounds, including that the subject matter of the suit falls within the primary jurisdiction of the Food and Drug Administration (“FDA”). That motion was denied in an order issued February 7, 2014. On the issue of primary *963 jurisdiction, that order concluded: “Although the FDA has not issued any final guidance directly addressing the- term ‘evaporated cane juice,’ it has provided guidance in the form of regulations concerning the terms ‘sugar,’ ‘juice,’ and ‘cane syrup’ such that the issue presented here is hardly one of ‘first impression’ necessitating its commitment to the agency. The fact that the FDA has not yet finalized the draft guidance issued more than four years ago, and that it continues to issue warning letters consistent with that position, further suggests the…