The Central District of California granted Quaker Oats
Company's Motion to Dismiss a Consolidated Class Action
Complaint on October 10. Plaintiffs alleged Quaker Oats Company was
liable for labeling its "Maple & Brown
Sugar"-flavored instant oatmeal as "Quaker Instant
Oatmeal, Maple & Brown Sugar" alongside an image of a
pitcher of maple syrup. The plaintiffs alleged fraud, false
advertising, and breach of contract, claiming that the packaging
creates an impression that the product contains real maple
syrup.
Quaker Oats Company asserted the plaintiffs' claims were
preempted by the Federal Food, Drug, and Cosmetic Act
("FDCA") and the Nutritional Labeling and Education Act
("NLEA"). Food and Drug Administration ("FDA")
regulations elaborate on FDCA flavoring requirements by
specifically allowing labels to both describe and depict
the product's "characterizing flavor." 21 C.F.R.
§ 101.22(i). A September 2016 FDA Consumer Update
confirmed terms like "maple" can be
