Memorandum Opinion and Order

Pending before the court is the plaintiff’s Class Action Complaint [ECF No. 1] (“Complaint”) and Motion for a Preliminary Injunction [ECF No. 4]. For the reasons detailed below, the court applies the doctrine of primary jurisdiction to this matter and REFERS the issues discussed herein to the United States Food and Drug Administration (“FDA”) for initial consideration of the allegations contained in the plaintiff’s Complaint and Motion.