Swearingen et al v. Late July Snacks LLC
Filing
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ORDER Regarding Food and Drug Administration Action and Referral to Commissioner. Signed by Judge Edward M. Chen on 5/15/2015. (emcsec, COURT STAFF) (Filed on 5/15/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARY SWEARINGEN, et al.,
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Plaintiffs,
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v.
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For the Northern District of California
United States District Court
No. C-13-4324 EMC
LATE JULY SNACKS LLC,
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ORDER REGARDING FOOD AND
DRUG ADMINISTRATION ACTION
AND REFERRAL TO COMMISSIONER
Defendant.
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This case has been stayed since May 29, 2014, pending the FDA’s decision after it reopened
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the comment period regarding whether “evaporated cane juice” (ECJ) is a common or usual name
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for sugar. See Docket No. 69. Pursuant to 21 C.F.R. section 10.25(c), this Court requests the
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Commissioner to inform the Court whether a final determination regarding ECJ “is feasible within
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agency priorities and resources.” See 21 C.F.R. § 10.25(c) (providing that the “Commissioner will
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institute a proceeding to determine whether to . . . tak[e] any [] form of administrative action” while
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this court “holds in abeyance” its proceedings if the “Commissioner concludes that an administrative
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determination is feasible within agency priorities and resources”). In particular, the Court would
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like to know if the FDA is likely to issue any further guidance regarding ECJ within the next 180
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days. Plaintiffs are directed to serve a copy of this Order on the Commissioner of the FDA within
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fourteen (14) days of the date of this order. Plaintiffs are also directed to file a proof of service after
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serving the Commissioner.
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IT IS SO ORDERED.
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Dated: May 15, 2015
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_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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