Oral Arguments, with Context

Howard, et al. v. The Hain Celestial Group, Inc. — 9th Cir. (Oct 19, 2026)

Oral Arguments, with Context

Summary

The Ninth Circuit hears a case involving Hanes Celestial's baby food labels, where buyers allege that the company's promotional statements about nutrient levels violate FDA regulations. The plaintiffs argue that these claims mislead consumers regarding the intended age group for the products, which are marketed for children under two. They contend that the statements inflate prices and violate California's unfair competition law. The district court previously granted summary judgment to Hanes and denied class certification, prompting the buyers to appeal both decisions.

Central to the appeal is the interpretation of what "intended specifically" means in the context of FDA regulations. The plaintiffs assert that the products are marketed for children under two, supported by evidence such as packaging design and marketing strategies. However, Hanes counters that the products are labeled with a "two plus" disclaimer, indicating they are suitable for older children as well. The court examines whether the plaintiffs can prove that the products were intended specifically for children under two, which would trigger the FDA's restrictions on nutrient claims.

The discussion also touches on the requirement for class certification, with the plaintiffs arguing that they should not need to demonstrate reliance on the allegedly unlawful labels for unnamed class members. Hanes maintains that the plaintiffs must show a causal link between the unlawful claims and the harm suffered, which they argue is not universally applicable across the proposed class. The court considers whether the plaintiffs can establish a common injury due to the alleged unlawful labeling practices, which could affect the viability of their claims for class action status.

Show Notes

The Ninth Circuit hears a dispute over Hain Celestial's baby-food labels. Buyers sued over promotional statements about nutrient levels on the company's food packages. They say those statements violate an FDA rule generally restricting such claims on food intended specifically for children under two. They also say the claims inflated prices. Hain points to age-two-and-up notices and argues the products are intended for a wider group. The district court granted Hain summary judgment, resolving the claims without trial, and denied class certification, which would let the buyers pursue the case for other purchasers. On appeal, the buyers challenge both rulings. One question is what intended specifically means, and whether the company's marketing evidence creates a factual dispute for a jury. The other concerns California's Unfair Competition Law. May buyers seek a shared price-overcharge recovery without showing that the class relied on the allegedly unlawful parts of the labels? The company says the proposed class wrongly includes people buying for older children or themselves. The buyers answer that everyone paid a price increased by the allegedly unlawful labels.

Howard, et al. v. The Hain Celestial Group, Inc. (No. 25-1919) — U.S. Court of Appeals for the Ninth Circuit, argued October 19, 2026.

Sources:

Argument audio — official Ninth Circuit recording: https://cdn.ca9.uscourts.gov/datastore/media/2026/10/19/25-1919.mp3

Case and argument date — official Ninth Circuit media record: https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=25-1919&hearingDate=2026-10-19

Prior class-certification ruling — district court, October 1, 2024: https://cases.justia.com/federal/district-courts/california/candce/3%3A2022cv00527/391062/187/0.pdf

Prior summary-judgment ruling — district court, February 5, 2025, reproduced court text: https://law.counselstack.com/opinion/howard-v-hain-celestial-group-inc-cand-2025

Nutrient-content claims — 21 C.F.R. 101.13: https://www.law.cornell.edu/cfr/text/21/101.13

Summary judgment — Federal Rule of Civil Procedure 56: https://www.law.cornell.edu/rules/frcp/rule_56

Buyers’ price-overcharge theory — filed class-certification motion, September 5, 2023: https://cdn.pacermonitor.com/pdfserver/EKIUI2Y/181436723/Howard_et_al_v_Hain_Celestial_Group_Inc__candce-22-00527__0098.0.pdf

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