Howard

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRACY HOWARD, et al., Case No. 22-cv-04779-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

GERBER PRODUCTS COMPANY,

Re: Dkt. No. 72 Defendant.

The motion to dismiss is granted without leave to amend as to the fraud claims and as to certain “made with” statements. It is granted with leave to amend as to the plaintiffs’ claims for injunctive relief. It is denied in all other respects. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. Judicial notice. Judicial notice can be taken of the existence of the USDA dietary guidelines and the New York Times article. See Daniels-Hall v. National Education Association, 629 F.3d 992, 998–99 (9th Cir. 2010) (information on government websites); Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010) (news articles). Fraud claims. The fraud claims (under the UCL’s fraudulent prong, the FAL, and the CLRA) are dismissed because the plaintiffs’ theories of harm rely on “hypotheticals and contingencies outside of…