The underlying dispute centers on products liability claims related to infant formula marketing, sales practices, and alleged defects. The immediate procedural focus is the sampling and testing of specific product lots to support those claims.
In a letter dated April 23, 2026, counsel for the defendants ByHeart, Inc., Dairy Farmers of America ("DFA"), and Organic West, along with interested plaintiffs, informed Judge Arun Subramanian that the parties had met and conferred.
The parties agreed that representatives from IEH Laboratories and Consulting Group would collect samples from pre-identified lots of organic whole dry milk powder. The collection was scheduled to take place at DFA’s plant in Fallon, Nevada on April 24, 2026.
The sampling process will be overseen by counsel for ByHeart, a ByHeart representative, counsel for DFA, and DFA representatives. The parties have agreed upon a stipulation governing the sampling and reporting requirements for the destructive testing of the whole milk powder samples.
Judge Subramanian approved the parties' stipulation in a brief order filed on April 24, 2026. The court directed the Clerk of Court to terminate the motion at Docket No. 46, noting there were no remaining disputes regarding the protocol and stipulation at that time.