STOP PRESS: THE CASE IS RESOLVED. SEE BELOW

This page provides publicly available information regarding Richmond Capital LLC d/b/a Harry’s Candy Company v. Ohio Department of Agriculture, Case No. CI2025-03881, pending in the Lucas County Court of Common Pleas. All documents and statements presented here are drawn from the public court record or official filings (see the court docket here, and view all the file-stamped documents here. If you want a good legal summary of the case, I’d recommend reading this one). No confidential or non-public materials are included.

The case concerns the Ohio Department of Agriculture’s October 2, 2023 memorandum titled “Freeze-Dried Candy,” which asserts that freeze-dried candy is not permitted under Ohio’s Cottage Food laws. Richmond Capital LLC, doing business as Harry’s Candy Company, seeks declaratory and injunctive relief, alleging that the memorandum was issued without valid rulemaking authority. The Court issued a Temporary Restraining Order on October 17, 2025, enjoining enforcement of the memorandum.

Procedural History

• October 16, 2025: Harry’s Candy is ordered removed from a loyal customer’s retail shelves.
• October 17, 2025: After multiple attempts to resolve the issue, at 3:45pm, Harry’s lawyer filed a complaint for declaratory and injunctive relief in the Lucas County Court of Common

  

  Pleas, seeking to enjoin enforcement of the Ohio Department of Agriculture’s October 2, 2023 memorandum titled “Freeze-Dried Candy.” At 5:03pm the same day, Judge Gary Cook granted a Temporary Restraining Order (TRO) enjoining enforcement of the memorandum and ordering the candy to be returned to the shelves immediately.
• October 20, 2025: Customers are informed they may put Harry’s Candy back on the shelves and may be sold to the public pending further court order.
• October 21, 2025: Plaintiff filed a Pre-Hearing Brief in Support of Permanent Injunction and Request for Consolidated Hearing under Civ.R. 65(B)(2) and voluntarily dismissed the other party under Civ.R. 41(A)(1)(a), leaving the Ohio Department of Agriculture as the sole defendant.
• October 22, 2025: The Court issued an order continuing the Temporary Restraining Order, noting that service had not yet been completed on the Ohio Department of Agriculture. The telephonic pretrial scheduled for October 22 was vacated.
• October 23, 2025: Assistant Attorneys General Heather N. Williams and Daniel J. Martin entered their appearances on behalf of the Ohio Department of Agriculture.
• October 28, 2025 — Case Resolved
  The Ohio Department of Agriculture issued a revised memorandum to all local health departments clarifying that “Candies, including freeze-dried candy, may be sold as a Cottage Food.” The memo further states: “If the freeze-dried candy is simply sealed in an air-tight package without an oxygen scavenger, it may be made and sold as a Cottage Food in Ohio, because this is not reduced oxygen packaging as defined in OAC 901:3-20-01(B)(6).”
  
  This clarification—informally known as Harry’s Rule—confirms that Harry’s Candy Company products are fully compliant and may continue to be sold in Ohio. The lawsuit was voluntarily dismissed the same day.