Ottesen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALLISON OTTESEN, et al., Case No. 19-cv-07271-JST

Plaintiffs,

ORDER GRANTING PLAINTIFFS’

v. MOTION TO LIFT STAY; ORDER

SETTING CASE MANAGEMENT

HI-TECH PHARMACEUTICALS, INC., CONFERENCE Defendant. Re: ECF No.

12 This case concerns the alleged use of DMHA1 in supplements manufactured, distributed, and sold by Defendant Hi-Tech Pharmaceuticals, Inc. On November 20, 2020, the Court stayed the case on primary jurisdiction grounds, “pending a determination by the FDA regarding the classification of DMHA.” ECF No. 56 at 6. At the time, the Food and Drug Administration (“FDA”) had “issued warning letters and . . . a constituent update stating, in unequivocal terms, that ‘DMHA is either “a new dietary ingredient” for which the FDA has not received the required New Dietary Ingredient notification or that it is an unsafe food additive. The FDA considers dietary supplements containing DMHA to be adulterated.’” Id. at…