Howard

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS

HAIN CELESTIAL GROUP, INC., Re: Dkt. No. 63 Defendant.

I Hain Celestial sells food for infants and toddlers under the brand name “Earth’s Best.” The labels on many of the company’s products advertise their nutritional content. Some of these statements are quantitative. For instance, Hain Celestial’s Chicken Casserole Puree states “4g PROTEIN per serving” on the front of its label.1 Other statements are more qualitative. The label on Hain Celestial’s Pear Mango Smoothie, for instance, says, “Excellent Source of Calcium, Vitamins C & D.” In this lawsuit, the plaintiffs allege that these statements violate a regulation that prohibits manufacturers from making claims about a food’s nutrient content on products specifically intended for infants and children under two. They bring a variety of legal claims based on that theory. In its motion to dismiss the previous iteration of the complaint, Hain Celestial argued in part that its products did not violate the regulation because they were…