This decision affirms a judgment on demurrer in a UCL suit by a consumer contending that Tootsie Roll committed unlawful and unfair business practices in the period between 2010 and 2016 by including partially hydrogenated oils in its candy bars. The FDA considered the issue eventually deciding to ban PHOs, but only from 2018 onward in order to give food manufacturers adequate time to reformulate their products and exhaust existing inventories. The FDA’s action precluded plaintiff’s claim that use of PHOs in the earlier period was unlawful. No California regulation or statute banned those ingredients. Including PHOs in the earlier period could not be unfair since federal law specifically permitted them. Also, federal law preempted plaintiffs’ implied warranty claims.