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Consumer Law
Consumers Legal Remedies Act
False Advertising

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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