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The Quaker Oats Company faces a possible class action lawsuit over claims that its instant “Maple & Brown Sugar” oatmeal does not contain any maple syrup or maple sugar.
Lead plaintiff Darren Eisenlord says he bought a box of Quaker instant oatmeal sweetened with maple syrup because like many U.S. consumers, he believes that maple sugar contains a higher nutritional value over other sweeteners, especially white, processed granulated sugar.
The Quaker class action lawsuit alleges that the plaintiff was misled by the packaging of the popular instant breakfast item which showed an image of a “glass pitcher of maple syrup” next to the bolded words “maple sugar” on the front of the box.
Eisenlord claims that this food item does not contain any maple syrup or maple sugar and therefore is falsely advertised under state and federal law.
According to the Quaker instant oatmeal class action, food items that contain maple sugar or syrup as a sweetener are able to command a higher sales price because it can be substituted for white sugar yet is preferred among customers because of its taste, quality and health benefits.
The class action lawsuit claims that reasonable consumers would see a product advertised with a picture of maple syrup next to the words “Maple and Brown Sugar” and believe the food item contains maple syrup as an ingredient.
“Because he was purchasing a product that was labeled as containing maple sugar and/or maple syrup ingredients, he reasonably believed that it, in fact, contained these ingredients,” Eisenlord said. “Had plaintiff known that the product did not contain maple syrup or maple sugar as an ingredient, he would not have purchased it. As a result, plaintiff has suffered damages.”
The plaintiff has accused the Quaker Oats Company of breach of express warranty, false advertising, violation of the California Consumer Legal Remedies Act, the California False Advertising Law, the California Unfair Competition Law, and other violations.
If approved, the Quaker oats class action lawsuit will be open to all U.S. Class Members who within the last four years purchased any of the following products: Quaker Oats Maple & Brown Sugar Instant, Oatmeal (Classic Recipe), Quaker Oats Maple & Brown Sugar High Fiber Instant Oatmeal, Quaker Oats Maple & Brown Sugar Gluten Free Instant Oatmeal, or Quaker Oats Maple & Brown Low Sugar Instant Oatmeal, Quaker Oats Maple & Brown Sugar Weight Control Instant Oatmeal, Quaker Oats Maple & Brown Sugar Organic Instant
Oatmeal.
The plaintiff has also proposed a subclass of California residents who bought the same items in the last four years.
Eisenlord is represented by David Parisi and Suzanne Havens Beckman of Parisi & Havens LLP and Yitzchak H. Lieberman of Parasmo Lieberman Law.
The Quaker Instant Oatmeal False Advertising Class Action Lawsuit is Darren Eisenlord v. The Quaker Oats Co., et al., Case No. 2:16-cv-01442, in the U.S. District Court for the Central District of California.
UPDATE: On Oct. 10, 2017, a California federal judge dismissed a consolidated class action lawsuit that accused Quaker Oats Co. of misleading consumers by selling Maple & Brown Sugar Instant Oatmeal that didn’t actually contain real maple syrup or maple sugar.
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58 thoughts onClass Action: Quaker Instant Oatmeal Doesn’t Contain ‘Maple Syrup’
Add me, I eat this everyday for breakfast. So misleading to their customers.
add me
TCA…So this is done and over with?
Not entirely. The judge left the option open for the plaintiffs to amend the Quaker class action lawsuit to seek injunctive relief as long as they sufficiently allege that they intend to purchase Quaker Oats maple oatmeal products again in the future. They have until Nov. 10 to file an amended complaint and continue the litigation.
sign me up please
i eat oat meal every day maple and brown sugar