In Re Quaker Oats Maple & Brown Sugar Instant Oatmeal Litigation
Published: Mar. 2, 2018 | Result Date: Oct. 10, 2017 | Filing Date: Mar. 1, 2016 |Case number: 2:16-cv-01442-PSG-MRW Bench Decision – Dismissal
Court
CD CA
Attorneys
Plaintiff
Erich P. Schork
(Barnow & Associates PC)
David C. Parisi
(Parisi & Havens LLP)
Thomas A. Zimmerman Jr.
(Zimmerman Law Offices PC)
David Pastor
(Pastor Law Office LLP)
Defendant
Andrew S. Tulumello
(Gibson, Dunn & Crutcher LLP)
Jason R. Meltzer
(Gibson, Dunn & Crutcher LLP)
Facts
Consumers across the nation sued Quaker Oats Co. in relation to Quaker Oat's oatmeal with maple and brown sugar.
Contentions
PLAINTIFF'S CONTENTIONS: The consumers brought state claims for false advertising and deceptive conduct against Quaker Oats alleging that the company falsely advertised their oatmeal as containing real maple syrup or maple sugar.
DEFENDANTS' CONTENTIONS: Quaker Oats argued that it did not falsely advertise its oatmeal and did not engage in deceptive conduct.
Result
The court found that the consumers' state law claims were preempted by federal law, which did not require Quaker Oats to include maple syrup as an ingredient when it advertised maple syrup as a flavor. Instead, the federal law allowed the company to forgo the ingredient in those products as long as the products tasted like maple syrup and so long as the company disclosed its use of artificial flavors. Because Quaker Oats complied with the federal law, the vast majority of the consumers' claims were dismissed.
Other Information
The consumers' remaining claims were dismissed for other reasons.
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