A consumer has filed a putative class action against The Quaker Oats Co.
alleging the company falsely advertises its oatmeal products as “100%
natural” because it contains the herbicide glyphosate. Cooper v. Quaker
Oats Co., No. 16-2364 (N.D. Cal., San Francisco Div., filed April 29,
2016). The plaintiff argues the cancer-research arm of the World Health
Organization declared glyphosate—”a potent and unnatural biocide”
that the company sprays on oats as a drying agent, according to the
complaint—to be a “probable human carcinogen” in 2015. The complaint
admits the use of glyphosate is legal but asserts that its use in combination
with a “100% natural” claim amounts to misrepresentation. For allegations of breach of warranty and violations of California’s consumer-protection
statutes, the plaintiff seeks class certification, a compelled corrective advertising campaign, damages, restitution and attorney’s fees.

 

Issue 603

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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