Oatmeal Buyers' 2nd Shot At No-Maple-Syrup Suit Fails
By Dorothy Atkins (March 9, 2018, 6:51 PM EST) -- A California federal judge on Thursday for the second time tossed a consolidated putative class action accusing Quaker Oats Co. of falsely advertising its instant oatmeal as having real maple syrup, rejecting arguments that maple is a sweetener and subject to certain federal regulations.
U.S. District Judge Philip S. Gutierrez dismissed the consumers' eight-count amended complaint, this time with prejudice, reiterating his earlier finding that maple syrup is a flavoring and the Federal Food, Drug and Cosmetic Act preempts state law false advertising claims related to flavors. The judge said that the U.S. Food and Drug Administration lists maple as a...
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