Kellogg Deceptive Ad Claims Not Barred, 7th Circ. Told

Law360, Chicago (September 9, 2011, 3:58 PM EDT) -- Putative state class claims accusing General Mills Inc. and Kellogg Co. of deceptively marketing their fiber-heavy snacks should not be blocked by a federal law governing food labels, a plaintiff's attorney told the Seventh Circuit on Friday.

Ronald Teeple of Teeple Leonard & Erdman told the appeals panel that a district court in Illinois erred when it tossed Carolyn Turek's suit after finding the Illinois Consumer Fraud and Deceptive Practices Act claims were preempted by the federal Nutrition Labeling and Education Act.

The suit alleges that...
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