Quaker Oats Class Action Claims Oatmeal is Not ‘100% Natural’

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A proposed class action lawsuit has been filed against Quaker Oats alleging the company has falsely advertised its oats as “100% Natural” when they actually contain a probable carcinogen, as classified by the World Health Organization.

Plaintiff Lewis Daly filed the class action lawsuit against Quaker Oats in New York federal court on behalf of himself and others who were misled by Quaker’s product claims that are “false, deceptive, and misleading.”

Daly claims that Quaker “aggressively advertises and promotes its oatmeal products as ‘100% Natural,’ and claims its oats are grown using ‘eco-friendly’ methods that pose ‘less risk of pollutants and groundwater pollution.’”

The main cause of concern over Quaker Oats’ unnatural ingredients center around a chemical called glyphosate. Glyphosate is a chemical herbicide that the World Health Organization (WHO) declared last year is a probable human carcinogen.

Glyphosate is the active ingredient in the popular weed killer Roundup, manufactured by the Monsanto Company.

The pesticide has been growing in popularity and its use has increased with the introduction of many genetically modified crops (also known as GMOs), such as soy, corn, canola and sugar beets. These GMO crops are engineered to withstand the use of the strong herbicide so only weeds pests are killed and the crop remains intact, however, the pesticide residue remains on the crops.

Glyphosate has not only been classified as a possible carcinogen, but recent research suggests that this chemical found in most commercially grown, non-organic food can significantly alter the bacterial landscape in the human gut, where most of the body’s immune function resides, by interfering with key enzymatic processes.

However, the lawsuit takes issue with the deceptive product marketing, not the nature of the chemical found in the product itself.

“There is nothing unlawful about Quaker Oats’ growing and processing methods. What is unlawful is Quaker’s claim that Quaker Oats is something that it is not in order to capitalize in growing consumer demand for healthful, natural products,” the claim asserted.

The plaintiff says that Quaker’s allegedly deceptive practices are essentially self-serving. “By deceiving consumers about the nature, quality, and/or ingredients of its Quaker Oats, Quaker is able to sell a greater volume of Quaker Oats, to charge higher prices for Quaker Oats, and to take away market share from competing products, thereby increasing its own sales and profits.”

Daly contends that Quaker Oats has violated New York General Business Law for mislabeling, failure to warn, and falsely advertising their products. He has also alleges the company has breached its express warranty and has unjustly enriched itself.

“Across all Quaker Oats products, Quaker conceals the presence of glyphosate, fails to warn consumers of the presence of glyphosate, and fails to warn consumers about the harmful effects of ingesting glyphosate,” Daly claims.

In addition to Class certification of a New York class, Daly is also seeking relief from Quaker Oats in the form of a refund to eligible Class Members who have purchased the allegedly falsely advertised products. He is also seeking “a court-ordered corrective advertising campaign to inform the public of the true nature of Quaker’s carcinogen-contaminated oats.”

The plaintiff is represented by Kim E. Richman of The Richman Law Group.

The Quaker Oats False Advertising Class Action Lawsuit is Lewis Daly v. The Quaker Oats Company, Case No. 1:16-cv-02155, in the U.S. District Court for the Eastern District of New York.