Howard

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. Re: Dkt. No. 41,

HAIN CELESTIAL GROUP, INC.,

Defendant.

The motion to dismiss is denied in part and granted in part. The FDA prohibits most nutrient content claims on foods “intended specifically for use by infants and children less than 2 years of age.” 21 C.F.R. § 101.13(b)(3). The plaintiffs allege that Hain Celestial violated this regulation by including nutrient content claims on their cookies, crackers, corn puffs, and pureed food pouches. Based on these alleged violations, the plaintiffs bring a cause of action under the unlawful prong of California’s Unfair Competition Law, as well as several causes of action alleging that the nutrient content claims are misleading. 1. Request for Judicial Notice. Hain Celestial asks the Court to take judicial notice of the packaging of the products that form the basis of this suit, several pages from its website, and a page from the CDC’s website. See Dkt. No. 42. The request is granted. See Manchouck v. Mondelez International Inc., No. 13-2148, 2013 WL 5400285, at *3…