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