Swearingen et al v. Late July Snacks LLC

Filing 86

ORDER Regarding Food and Drug Administration Action and Referral to Commissioner. Signed by Judge Edward M. Chen on 3/11/2016. (emclc1, COURT STAFF) (Filed on 3/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARY SWEARINGEN, et al.,
Plaintiffs,

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For the Northern District of California

United States District Court

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Case No. 13-cv-04324-EMC
ORDER REGARDING FOOD AND
DRUG ADMINISTRATION ACTION
AND REFERRAL TO COMMISIONER

v.
LATE JULY SNACKS LLC,
Defendant.

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This case has been stayed since May 29, 2014, pending the FDA’s decision after it

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reopened the comment period regarding whether “evaporated cane juice” (ECJ) is a common or

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usual name for sugar. See Docket No. 69. Pursuant to 21 C.F.R. section 10.25(c), this Court

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previously requested that the Commissioner inform the Court whether a final determination

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regarding ECJ “is feasible within agency priorities and resources.” Docket No. 78 (quoting 21

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C.F.R. § 10.25(c) (providing that the “Commissioner will institute a proceeding to determine

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whether to . . . tak[e] any [] form of administrative action” while this court “holds in abeyance” its

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proceedings if the “Commissioner concludes that an administrative determination is feasible

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within agency priorities and resources”)). In response, the FDA stated that it “anticipates that a

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final guidance will issue before the end of 2016.” Docket No. 80.

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The Court again requests that the Commissioner inform the Court whether a final

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determination regarding ECJ “is feasible within agency priorities and resources.” 21 C.F.R. §

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10.25(c). In particular, the Court would like to know if the FDA is likely to issue any further

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guidance regarding ECJ within the next 180 days. Plaintiffs are directed to serve a copy of this

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Order on the Commissioner of the FDA within fourteen (14) days of the date of this order.

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Plaintiffs are also directed to file a proof of service after serving the Commissioner.

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IT IS SO ORDERED.

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Dated: March 11, 2016
______________________________________
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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