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Healthy Lifestyle Brands LLC v. Envtl. Working Grp.

Complaint May Be Amended to Allege Breach of Implied Covenant of Good Faith, Fair Dealing

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OPINION AND ORDER Healthy Lifestyle Brand (“HLB”) brings this suit against Environmental Working Group (“EWG”) for a breach of contract. Doc. 1. Pending before the Court is HLB’s motion to amend its complaint to add a claim for breach of the implied covenant of good faith and fair dealing. For the following reasons, HLB’s motion is GRANTED. I. BACKGROUND A. Factual Background HLB creates partnerships with health and wellness authorities with the goal of making consumers better informed when purchasing “healthy for you” products. Doc. 1

12, 14. EWG conducts scientific research and educates consumers to make safer and better-informed decisions regarding the products they buy. Doc. 1. 15; Doc. 22, 8. In March 2015, HLB and EWG entered into an exclusive agreement (the “Agreement”) whereby EWG licensed certain intellectual property to HLB, which in turn had the right to sublicense that intellectual property to third parties. Doc. 1

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