Ries et al v. Hornell Brewing Company, inc. et al

Filing 53

ORDER FOR REFERRAL TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION re 51 . Signed by Judge Jeremy Fogel on 8/23/10. (dlm, COURT STAFF) (Filed on 8/24/2010)

Ries et al v. Hornell Brewing Company, inc. et al

Doc. 53

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LAUREN RIES and SERENA ALGOZER, Individuals on behalf of themselves and all others similarly situated, Plaintiffs, v. HORNELL BREWING COMPANY, INC., BEVERAGE MARKETING USA, INC., ARIZONA CORP., INC., PALM BEACH BREWING CO., LLC, FEROLITO, VULTAGGIO & SONS, INC., Defendants. ------------------ ORDER FOR REFERRAL [PROPOSED] TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION CASE NO. CV 10-01139 JF

This matter having been brought before this Court by way of a motion to dismiss pursuant to, inter alia, primary jurisdiction, filed by Defendants [Docket Item 20] and Plaintiff having opposed said motion [Docket Item 38] and the Court having considered the submissions of the parties in support thereof and in opposition thereto and, on July 23, 2010, the Court having entered an Order and Decision [Docket Item 47], a copy of which is annexed hereto as Exhibit A, and which is incorporated herein by reference, and the Court having stayed this action for a period of six months commencing July 23, 2010 and the Court having decided to refer to the United States Food and Drug Administration ("FDA") the issue of whether high fructose corn syrup ("HFCS") and citric acid are "natural" ingredients and the Court having directed the parties, through counsel, to submit an appropriate proposed form of order for referral consistent with the Court's opinion, and for good cause having been shown; IT IS on this ____ day of ___________, 2010; ORDERED that, pursuant to 21 CFR 10.25(c), this Court hereby refers to the FDA, for an administrative determination, the question of whether HFCS and citric acid are "natural" ingredients; and it is further -1-

[PROPOSED] ORDER FOR REFERRAL TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:

RDERED that the stay imposed herein will terminate six (6) months from July 23, 2010 but may be extended by the Court upon a showing of good cause. 8/23/10 HONORABLE JEREMY FOGEL, U.S.D.J.

SF/1717017v1

[PROPOSED] ORDER FOR REFERRAL TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION

-2-

O