Illinois judge throws out Quaker Oats' bid to dismiss lawsuit alleging that it used deceptive advertising concerning trans-fats; judge halts proceedings in case until four similar cases in California are resolved
March 1, 2012
– Illinois Magistrate Judge Young B. Kim has thrown out a motion by Quaker Oats Co. to dismiss a lawsuit by private consumer Daniel Askin alleging that the company employed deceptive advertising concerning trans-fats in its granola bars, Bakery and Snacks reported Feb. 29.
In his lawsuit, Askin, who is represented by law firm Reese Richman LP, alleged that Quaker’s granola bars contained as much as 5 grams of trans-fat. The labeling on the products claimed that they contained “0g Trans Fat.”
Quaker Oats had sought to have the case dismissed as it allegedly violated the ‘first to file rule,’ which stipulates that multiple cases concerning the same action should not be heard simultaneously. Instead, a resolution should be reached via a single lawsuit.
Illinois Magistrate Judge Young B. Kim said that, although four cases that have been filed against Quaker Oats in California are practically identical to the one in Illinois, the best course of action is to stay the proceedings until those cases have been resolved.
A motion has also been filed to dismiss the consolidated action under which a federal court in California is processing the four Californian cases.
The primary source of this article is Bakery and Snacks, Montpellier, France, on Feb. 29, 2012.