Prescott

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN PRESCOTT, et al., Case No. 23-cv-04192-PCP

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS

TC HEARTLAND, LLC, Re: Dkt. No. 25 Defendant.

12 In this putative class action lawsuit, plaintiffs Steven Prescott, Richard Tilker, Samuel Garcia, and Rochelle Wilson allege that defendant TC Heartland, LLC has engaged in consumer fraud by marketing Splenda to health-conscious consumers (including those with Type 2 diabetes) as a sugar alternative with health benefits, even though Splenda’s primary ingredient sucralose has purportedly been shown to cause and worsen diabetes. TC Heartland now moves to dismiss the case. For the following reasons, the Court denies the motion except as to plaintiffs’ request for a corrective advertising campaign by TC Heartland. BACKGROUND1 Plaintiffs allege that TC Heartland’s Splenda products advertise that they “help manage blood sugar,” provide “diabetes care,” are…