Swearingen et al v. Late July Snacks LLC

Filing 78

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MARY SWEARINGEN, et al., 9 Plaintiffs, 10 v. 11 For the Northern District of California United States District Court No. C-13-4324 EMC LATE JULY SNACKS LLC, 12 ORDER REGARDING FOOD AND DRUG ADMINISTRATION ACTION AND REFERRAL TO COMMISSIONER Defendant. ___________________________________/ 13 14 15 This case has been stayed since May 29, 2014, pending the FDA’s decision after it reopened 16 the comment period regarding whether “evaporated cane juice” (ECJ) is a common or usual name 17 for sugar. See Docket No. 69. Pursuant to 21 C.F.R. section 10.25(c), this Court requests the 18 Commissioner to inform the Court whether a final determination regarding ECJ “is feasible within 19 agency priorities and resources.” See 21 C.F.R. § 10.25(c) (providing that the “Commissioner will 20 institute a proceeding to determine whether to . . . tak[e] any [] form of administrative action” while 21 this court “holds in abeyance” its proceedings if the “Commissioner concludes that an administrative 22 determination is feasible within agency priorities and resources”). In particular, the Court would 23 like to know if the FDA is likely to issue any further guidance regarding ECJ within the next 180 24 /// 25 /// 26 /// 27 /// 28 /// 1 days. Plaintiffs are directed to serve a copy of this Order on the Commissioner of the FDA within 2 fourteen (14) days of the date of this order. Plaintiffs are also directed to file a proof of service after 3 serving the Commissioner. 4 5 IT IS SO ORDERED. 6 7 Dated: May 15, 2015 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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