Davidson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 GILLIAN DAVIDSON, et al., Case No. 22-cv-01050-RS Plaintiffs, 11 v. ORDER GRANTING IN PART AND DENYING IN PART MOTION TO

SPROUT FOODS INC., DISMISS

13 Defendant.

15 I. Introduction Plaintiffs Gillian and Samuel Davidson, a married couple, bring this putative class action against Defendant Sprout Foods Inc. (“Sprout”), which sells baby and toddler food products. Defendant brings a Rule 12(b)(6) motion to dismiss the Complaint. In the Complaint, Plaintiffs aver various violations of California law based on the inclusion of statements on Sprout products touting the nutrients included in its products, such as “3g of Protein” or “4g of Fiber.” For the reasons explained below, plaintiffs aver nutrient content claims potentially violative of federal Food and Drug Administration (“FDA”) regulations prohibiting such claims on products made specifically for children under two…