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

Nevin Barich

Nevin Barich

Mar 1, 2012 – Industry Intelligence

LOS ANGELES , 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.

* All content is copyrighted by Industry Intelligence, or the original respective author or source. You may not recirculate, redistrubte or publish the analysis and presentation included in the service without Industry Intelligence's prior written consent. Please review our terms of use.

Share:

About Us

We deliver market news & information relevant to your business.

We monitor all your market drivers.

We aggregate, curate, filter and map your specific needs.

We deliver the right information to the right person at the right time.

Our Contacts

1990 S Bundy Dr. Suite #380,
Los Angeles, CA 90025 795

+1 (310) 558 0008
+1 (310) 558 0080 (FAX)

About Cookies On This Site

We collect data, including through use of cookies and similar technology ("cookies") that enchance the online experience. By clicking "I agree", you agree to our cookies, agree to bound by our Terms of Use, and acknowledge our Privacy Policy. For more information on our data practices and how to exercise your privacy rights, please see our Privacy Policy.