Figy v. Amy’s Kitchen, Inc., No. 3:13cv3816 (N.D. Cal.): The court dismissed the complaint without prejudice in a putative class action alleging claims under California’s UCL, FAL, CLRA, and a number of common law tort claims, alleging that defendant’s use of the term “organic evaporated cane juice” on its labels is misleading and violates the Sherman FDCA. In a nearly identical order to the recent Swearingen v. Santa Cruz Natural Inc. decision, the court dismissed based solely on the primary jurisdiction, holding that the primary jurisdiction doctrine applied in light of the FDA’s March 5, 2014 notice demonstrating that the FDA is actively considering the meaning of the phrase “evaporated cane juice.” Order.