Facts

Plaintiffs filed a class action against Gruma Corp., alleging that labels on some of Gruma's food products were false and misleading in violation of California laws. They alleged that because Gruma's products contained genetically modified organisms, their advertising indicating that the products were "all natural" was false.

Gruma moved to dismiss the action.

Result

The Court granted Gruma's motion with respect to primary jurisdiction only, and is otherwise denied without prejudice. The Court stayed the action pending an administrative determination, by the FDA, the question of whether and under what circumstances food products containing ingredients produced using bioengineered seed may or may not be labeled "Natural" or "All Natural" or "100% Natural."