Vilsack

I. INTRODUCTION

16 In this action, Plaintiffs Physicians Committee for Responsible Medicine and three 17 individual physicians challenge the Dietary Guidelines for Americans under the Administrative 18 Procedure Act, claiming the Guidelines contain misinformation and harm both the organization 19 and its members. Defendants United States Department of Agriculture and Department of Health 20 and Human Services move to dismiss. For the reasons set forth below, the motion to dismiss is 21 granted for both lack of standing and failure to state a claim.

II. BACKGROUND1

23 Beginning in 1980 and every five years thereafter, the United States Department of 24 Agriculture and the Department of Health and Human Services have jointly published a report 25 entitled the Dietary Guidelines for Americans (“Guidelines”), which provides advice and 26 27 1 The factual background is based on the well-pled allegations in the complaint, which are taken as recommendations on nutrition and healthy eating. As mandated by law, the Guidelines “shall contain nutritional and dietary information and guidelines for the general public” that is “based on the preponderance of the scientific and…