Quaker Oats Targeted by Trans Fat Class Action in California

Two California residents have filed a false advertising complaint on behalf of themselves and a nationwide class of consumers against The Quaker Oats Co., alleging that the company falsely labels Chewy Granola Bars® as “0g trans fat” when they actually contain “dangerous amounts of artificial trans fat, a toxic product that causes cancer, diabetes, and heart disease, and is banned in an increasing number of United States and foreign jurisdictions.” Chacanaca v. The Quaker Oats Co., No. 10-502 (N.D. Cal., filed February 3, 2010). Represented by the same counsel and using the same graphics and allegations about natural and trans fats as a complaint filed a few days earlier against Kellogg involving its Nutri-Grain® bars, the plaintiffs allege violations of the Lanham Act, California’s statutory and common laws of unfair competition, and the California False Advertising Law and Consumer Legal Remedies Act. They seek to enjoin the alleged false marketing and to compel a corrective advertising campaign, the disgorgement of profits, the destruction of “all misleading and deceptive advertising materials and products,” restitution, costs, expenses, and attorney’s fees.