Howard

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRACY HOWARD, et al., Case No. 22-cv-00527-VC

Plaintiffs,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

HAIN CELESTIAL GROUP, INC., Re: Dkt. No. 19 Defendant.

The motion to dismiss is granted. FDA regulations provide that “no nutrient content claims may be made on food intended specifically for use by infants and children less than 2 years of age” unless certain exceptions apply. 21 C.F.R. § 101.13(b)(3). The plaintiffs allege that Hain manufacturers baby foods that violate the regulation by including nutrient content labels. They bring claims under California state law for Hain’s allegedly unlawful use of nutrient content labels. They also allege that the labels are misleading to consumers. The complaint fails to state facts plausibly suggesting that Hain’s food products are “intended specifically” for children under age 2. It identifies several different products, including squeezable smoothie and puree pouches, some of which showcase cartoon characters. And the complaint points out that these products can be found in the baby food section of grocery stores. But it…