Swearingen v. Yucatan Foods, L.P.

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

RICHARD SEEBORG, UNITED STATES DISTRICT JUDGE

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…