9 COUNTY OF SANTA CLARA
12 AS YOU SOW, 13 Plaintiff, TENTATIVE RULING RE: MOTION FOR COMPLEX DESIGNATION 14 vs.
15 NESTLE HEALTHCARE NUTRITION, INC., et
al.,
The above-entitled action comes on for hearing before the Honorable Patricia M. Lucas 19
on October 7, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as 20
follows:
HealthCare Nutrition, Inc. and Nestle Health Sciences US Holdings, Inc. (collectively, 24
“Defendants”) manufacture, market, and sell food products in California that contain lead. 25
(Complaint, ¶¶ 3-4.) Defendants failed to provide a warning as required by California’s Safe 26
Drinking Water and Toxic Enforcement Act that ingestion of at least one of their products, 27
Nestle COMPLEAT ORGANIC BLENDS Pediatric Plant-Based Blend, will result in exposure 28
to lead. (Id. at ¶¶1 and 4.)
1 The Complaint sets forth a single cause of action for Violation of Health & Safety Code 2 § 25249.6. Defendant Nestle Healthcare Nutrition, In
Hearing Date
October 07, 2020
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9 COUNTY OF SANTA CLARA
12 AS YOU SOW, 13 Plaintiff, TENTATIVE RULING RE: MOTION FOR COMPLEX DESIGNATION 14 vs.
15 NESTLE HEALTHCARE NUTRITION, INC., et
al.,
The above-entitled action comes on for hearing before the Honorable Patricia M. Lucas 19
on October 7, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as 20
follows:
HealthCare Nutrition, Inc. and Nestle Health Sciences US Holdings, Inc. (collectively, 24
“Defendants”) manufacture, market, and sell food products in California that contain lead. 25
(Complaint, ¶¶ 3-4.) Defendants failed to provide a warning as required by California’s Safe 26
Drinking Water and Toxic Enforcement Act that ingestion of at least one of their products, 27
Nestle COMPLEAT ORGANIC BLENDS Pediatric Plant-Based Blend, will result in exposure 28
to lead. (Id. at ¶¶1 and 4.)
1 The Complaint sets forth a single cause of action for Violation of Health & Safety Code 2 § 25249.6. Defendant Nestle Healthcare Nutrition, In