IN RE: KIND LLC "HEALTHY AND ALL NATURAL" LITIGATION, No. 1:2015mc02645 - Document 58 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER re: 44 Motion to Dismiss filed by filed by Kind Bar Defendants, Kind LLC. KIND moves to dismiss Plaintiffs' claims or, in the alternative, to stay the action pending the Food and Drug Administration's ("FDA&# 039;s") promulgation of rules addressing use of the word "natural" on food labels. In view of Plaintiffs' voluntary dismissal of their "healthy" claims, the claims brought by Kaufer, Kamezis and Livingston are dis missed. In addition, the ICFDBPA and FDUTPA claims of the Illinois and Florida subclasses are dismissed. Plaintiffs Short, Thomas and Bustamante's "all-natural" claims are stayed pending the FDA's rulemaking regarding the use of the term "natural" on food labels. The parties should timely apprise this Court of any material developments with respect to the FDA's rulemaking. In any event, they should file a joint status report by December 15,2016. To t he extent Plaintiffs wish to assert an independent claim based on representations that KIND's products were "non GMO," they may file an Amended Complaint no later than October 31, 2016. (As further set forth in this Opinion & Order.) ( Amended Pleadings due by 10/31/2016.) (Signed by Judge William H. Pauley, III on 9/15/2016)(mro)
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