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Case resolved, October 28, 2025
Harry's Candy Company v. Ohio Department of Agriculture
This page provides publicly available information about Richmond Capital LLC d/b/a Harry's Candy Company v. Ohio Department of Agriculture, Case No. CI2025-03881, filed in the Lucas County Court of Common Pleas. Everything here is drawn from the public court record or official filings. See the court docket, the file-stamped documents, and a legal summary of the case.
The case concerned the Ohio Department of Agriculture's October 2, 2023 memorandum titled "Freeze-Dried Candy," which asserted that freeze-dried candy is not permitted under Ohio's Cottage Food laws. Harry's Candy Company sought declaratory and injunctive relief, alleging the memorandum was issued without valid rulemaking authority.
What happened
- 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 3:45 pm Harry's lawyer filed a complaint for declaratory and injunctive relief in the Lucas County Court of Common Pleas. At 5:03 pm the same day, Judge Gary Cook granted a Temporary Restraining Order enjoining enforcement of the memorandum and ordering the candy returned to the shelves immediately.
- October 20, 2025: Customers are told they may put Harry's Candy back on the shelves and sell it pending further order. Harry's Candy is back!
- October 21, 2025: Plaintiff filed a pre-hearing brief in support of a permanent injunction and request for a consolidated hearing under Civ.R. 65(B)(2), and voluntarily dismissed the other party under Civ.R. 41(A)(1)(a), leaving the Department as the sole defendant.
- October 22, 2025: The Court continued the Temporary Restraining Order, noting service had not yet been completed on the Department.
- October 23, 2025: Assistant Attorneys General entered appearances for the Ohio Department of Agriculture.
- October 28, 2025: Case resolved. The Department issued a revised memorandum to all local health departments, and the lawsuit was voluntarily dismissed the same day.
"Harry's Rule"
The revised memorandum states:
"Candies, including freeze-dried candy, may be sold as a Cottage Food."
It goes on to say that freeze-dried candy simply sealed in an air-tight package without an oxygen scavenger may be made and sold as a Cottage Food in Ohio, because that 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 documents
Disclaimer: The information on this page is for informational purposes only and reflects materials available in the public record. Nothing here constitutes legal advice or an official communication from the Court or any public agency.