Backus

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION , TO DISMISS AND GRANTING DEFENDANTS’ MOTION TO STAY CASE

This matter came before the Court on August 17, 2015 for a hearing on Defendants General Mills, Inc.’s' and General Mills Sales, Inc.’s (collectively “General Mills’ ”) motions to dismiss the Complaint for lack of subject matter jurisdiction and failure to state a claim (Docket No. 8) and to dismiss or stay the case under the primary jurisdiction doctrine (Docket No. 22). 1 After carefully considering the arguments of the parties at the hearing and in the papers submitted, the Court hereby GRANTS IN PART and DENIES IN *916 PART General Mills’ motion to dismiss, and GRANTS General Mills’ motion to stay the case under the primary jurisdiction doctrine, for the reasons s,et forth below.

BACKGROUND

Plaintiff -Troy-Backus (“Backus”) brings this putative class action to challenge Defendant General Mills’ practice of selling baking mixes that include trans fats in the form of partially hydrogenated vegetable oils (“PHOs”). Compl. ¶ 7 (Docket No. 1). Backus alleges that “Defendants manufacture, distribute, and sell a variety of baking mix products (collectively “the…