Maple Oatmeal Consumer Class Claims Preempted By Federal Law

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With cool and brisk days soon approaching, a warm bowl of oatmeal seems like the perfect breakfast choice – but not so much for a group of consumers allegedly disappointed with Quaker’s “maple” flavored oatmeal for its lack of maple syrup.  This month, a federal court in California dismissed a proposed class action against Quaker Oats Company based on federal preemption.  See In re Quaker Oats Maple & Brown Sugar Instant Oatmeal Litigation opinion.

The oatmeal at issue is Quaker’s “Maple and Brown Sugar” flavored oatmeal, which was introduced in the 1970’s.  Maple syrup comes from the sap of maple trees through a process of drilling and heating.  Plaintiffs, consumers from states throughout the United States, claimed that the oatmeal’s label states in bold type “Quaker Instant Oatmeal, Maple & Brown Sugar” and includes

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Georgia Court of Appeals Affirms Rejection of Expert, Dismissal of Claims Under Daubert

Last month, the Georgia Court of Appeals affirmed a trial court’s decision excluding a plaintiff’s expert testimony and granting summary judgment for the defendant, LG Electronics, Inc. (“LG”), in a case involving allegations that the plaintiff’s LG television exploded, causing a house fire, which resulted in the death of the plaintiff’sRead the full article →