Quaker Oats Maple Oatmeal Class Action Lawsuit Tossed by Calif. Judge

Last week, 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.

The plaintiffs allege that they purchased Quaker Oats Maple & Brown Sugar Instant Oatmeal under the belief the product contained maple syrup.

They claim the product label prominently displays images of a pitcher of maple syrup, which conveys to consumers that the product contains actual maple syrup.

According to the  consolidated Quaker class action lawsuit, the plaintiffs were damaged because they received a product that did not contain maple syrup as indicated on the product packaging. The plaintiffs allege that food items that use maple sugar or syrup as a sweetener command a higher price because many consumers prefer maple syrup for its quality, taste and health benefits.

Several similar class action lawsuits challenged the labeling of Quaker Maple & Brown Sugar instant oatmeal. One of the first was filed in California federal court, and others followed in other states, including Illinois. The plaintiffs accused Quaker of violating various state consumer protection, fraud, false advertising and warranty laws.

The Quaker maple oatmeal class action lawsuits were consolidated in the U.S. District Court for the Central District of California in May 2017.

On Oct. 10, U.S. District Judge Philip S. Gutierrez dismissed the Quaker class action lawsuit, finding that the plaintiffs’ state law claims involving deceptive conduct and false advertising are preempted by the Federal Food, Drug and Cosmetics Act.

Judge Gutierrez found that Quaker is allowed under federal law to advertise maple syrup as a flavor even if it’s not an actual ingredient in the product, as long as the product is maple syrup-flavored and the package discloses that the product contains artificial flavors. The judge found that Quaker’s labeling was compliant with federal law.

According to Judge Gutierrez’s order dismissing the maple instant oatmeal class action lawsuit, Quaker Oats “has described the primary recognizable flavor – maple – both by word and by the image of a pitcher of syrup. It is permitted to do this so long as the flavor is appropriately labeled as ‘naturally’ or ‘artificially’ flavored,” which the judge said Quaker had done by including the phrase “Naturally and Artificially Flavored” on its packaging.

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.

The plaintiffs have until Nov. 10, 2017 to file an amended complaint.

The plaintiffs are represented by Erich P. Schork of Barnow and Associates PC, David C. Parisi of Parisi & Havens LLP, Thomas A. Zimmerman Jr. of the Zimmerman Law Offices PC and David Pastor of Pastor Law Office LLP.

The Quaker Oats Maple & Brown Sugar Instant Oatmeal Class Action Lawsuit is In re: Quaker Oats Maple & Brown Sugar Instant Oatmeal Litigation, Case No. 2:16-cv-01442, in the U.S. District Court for the Central District of California.