Case Activity (2978)

1. Order | Filed: October 06, 2026 In Re: ByHeart, Inc., Infant Formula Marketing, Sales Practices, and Products Liability Litigation

   Personal Inj. Prod. Liability | New York Southern

   Order

   ORDER APPROVING DISPOSAL OF CERTAIN BYHEART INVENTORY granting 108 Letter Motion for Discovery. The Court enters the following order under Fed. R. Civ. P. 26(c)(1) in connection with therequest of Defendant ByHeart, Inc. ("ByHeart") for relief from its obligation to preserve certainphysical materials:1. This Order supersedes and replaces in its entirety the Court's September 9, 2026Order (ECF No. 103), which shall have no further force or effect.2. In November 2025, in consult ation with the United States Food and Drug Administration ("FDA"), ByHeart implemented a voluntary recall of its infant formula (the"Recall").3. As part of the Recall, ByHeart halted all ongoing production of infant formula andByH eait and its custodians preserved over 400,000 kilograms of raw material ingredients that werenever distributed to sellers or stores, approximately 500 totes ( each containing between severalhundred and several thousand pounds) of bulk infant formula powder, and over 870,000 units offinished product (the "Inventory Products"). 4. The cost and warehouse space required to store the Inventory Products aresignificant. ByHeart estimates it is incurring costs of over $100,000 per month to store all theInventory Products.5. ByHeart and its custodians also preserved over 425,000 cans, over 16,400 pouches,and nearly 2,000 Anywhere Stick Packs of ByHeart infant formula that were shipped to marketand subsequently returned (the "Ret urned Products"). Much of this inventory is comprised ofmaterials that were returned for non-recall-related reasons, such as damage or customer change ofheart, and that were manufactured as early as 2023.6. The continued retention of the Returne d Products imposes a substantial burden onByHeart and its custodians. ByHeart estimates it is incurring costs of approximately $145,000 permonth to store the Returned Products, meaning that annual storage costs exceed $1 million.7. ByHeart has provided the Parties an opportunity to sample the Inventory Productsand the Returned Products.8. ByHeart maintains and intends to continue preserving existing samples of producttaken in the ordinary course of production. ByHeart maintains sample retains from each tote ofbulk infant formula described above. It also maintains 4 cans of finished formula for each lot ofByHeart infant formula that was commercially distributed and that, at the time of the recall, waswithin 1 year of expiration (to gether with the tote retains, the "Sample Products"). ByHeart intendsto preserve the Sample Products and will not destroy them.9. For good cause shown, the Court orders as follows:(a) ByHeart may, at its sole direction and timing and in com pliance with applicablelaws and regulations, destroy the Inventory Products and Returned Products.(b) ByHeart is ordered to preserve and not destroy the Sample Products. (c) ByHeart's destruction of the Inventory Products and Returned Products consistentwith this Order does not constitute spoliation of evidence or a loss of evidence that ByHeartis obligated to preserve. Any disposal undertaken in compliance with this Order shall bedeemed reasonable preservation under the circumstances.10. This Order shall not limit, abridge, or alter any obligation ByHeart may have withrespect to presetvation of any other evidence or material subject to presetvation. (Signed by Judge Arun Subramanian on 10/6/2026) (sgz)

2. Motion | Filed: October 02, 2026 | Entered: October 02, 2026 In Re: ByHeart, Inc., Infant Formula Marketing, Sales Practices, and Products Liability Litigation

   Personal Inj. Prod. Liability | New York Southern

   Discovery

   SECOND LETTER MOTION for Discovery Request to Dispose of Additional Inventory under FRCP 26(c) addressed to Judge Arun Subramanian from Bethany W. Kristovich dated October 2, 2026. Document filed by ByHeart, Inc.. (Attachments: # 1 Proposed Order Proposed Order Approving Disposal of Certain Inventory).(Kristovich, Bethany)

3. 2976 additional result(s)