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In re Kind LLC Healthy and All Natural Litigation

Non-GMO Claim Stayed, Pending USDAs Establishment of National GMO Standard

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OPINION & ORDER

*1  Defendants KIND LLC and KIND Management, Inc. (together, “KIND”) seek dismissal of Plaintiffs’ Amended Consolidated Class Action Complaint (the “Amended Complaint”). Plaintiffs allege that KIND deceptively marketed its products as “natural” and “non-GMO” even though they contain synthetic and genetically modified ingredients. This Court previously stayed the “natural” claim. KIND now seeks to dismiss or stay the “non-GMO” claim. Separately, Plaintiffs move to lift the stay of the “natural” claim. They assert that the Federal Drug Administration’s (“FDA”) rulemaking process to define the term “natural” has stalled since May 2016 when the agency closed its notice and comment period. Plaintiffs are eager to forge ahead on their “natural” claim in tandem with their “non-GMO” claim, and contend that indefinitely staying the “natural” claim will result in undue delay and prejudice.For the reasons that follow, KIND’s motion to dismiss or stay the “non-GMO” claim is granted in part and denied in part, and Plaintiffs’ motion to lift the stay on the “natural” claim is denied without prejudice.

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