A California federal court has granted a motion for reconsideration in a case alleging that Wallaby Yogurt Co. includes “evaporated cane juice” (ECJ) on its ingredient lists rather than what plaintiffs allege is the more common name, sugar. Morgan v. Wallaby Yogurt Co., No. 13-296 (U.S. Dist. Ct., N.D. Cal, order entered November 5, 2014).
Wallaby had moved for reconsideration of prior orders allowing the case to proceed. The text-only docket indicates that the motion for reconsideration has been granted and the case stayed, with a written order to follow. The stay follows a series of similar actions in other cases after the U.S. Food and Drug Administration (FDA) announced in March 2014 that it would reconsider its 2009 draft guidance discouraging use of the term. In two similar putative class actions, courts have extended stays originally imposed in May 2014 because FDA has not yet issued further guidance. Figy v. Lifeway Foods, No. 13-4828 (U.S. Dist. Ct., N.D. Cal., order entered October 21, 2014); Avila v. Green Valley Organics, L.P., No. 13-335 (U.S. Dist. Ct., N.D. Cal., San Jose Div., order entered October 29, 2014). Additional information on stays and dismissals without prejudice in ECJ cases appear in Issues 525 and 529 of this Update. See Law360, November 5, 2014.