Howard

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRACY HOWARD, Case No. 22-cv-04779-VC

Plaintiff,

ORDER RE MOTION TO DISMISS

v. Re: Dkt. No.

GERBER PRODUCTS COMPANY,

Defendant.

The motion to dismiss is denied in part and granted in part. This ruling assumes the reader is familiar with the facts and the arguments made by the parties. 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). Tracy Howard alleges that Gerber violates this regulation by including nutrient content claims on its products, and that the labels on those products are false and misleading. Based on those allegations, she brings claims under California’s Consumers Legal Remedies Act, False Advertising Law, Unfair Competition Law, as well as claims for common law fraud and unjust enrichment. 1. Standing. Howard has adequately alleged standing to seek equitable relief. Elgindy v. AGA Service Co., No. 20-CV-06304-JST, 2021 WL 1176535, at *15 (N.D. Cal. Mar. 29, 2021). Howard also has standing to assert claims based on products she did not purchase “so long as the…