date:Apr 22, 2014
of the issue.
The reopened commenting period may put a fork in the class-action plaintiffs arguments. In Swearingen v. Santa Cruz Natural Inc., for example, a case out of the federal District Court for the Northern District of California, Judge Susan Illston held:
In light of the March 5, 2014 [notice of reopened commenting], the Court finds it appropriate to apply the doctrine of primary jurisdiction. The notice states that the FDA has not resolved the issue of whether ECJ is the common or us