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The space available on your plate for personal food and beverage choices is shrinking. Activists, regulators, and lawyers, under the appealing cloak of "public health," are advancing legal policies and litigation hostile to consumers.

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 On the WLF Legal Pulse Blog

Food Court Follies: Misled-By-Maple Class Action Against Quaker Oats Preempted

In all the blogging we’ve done on food-related consumer-protection litigation over the past five years, we’ve said very little about one of our favorite federal constitutional doctrines, federal preemption. That’s because the Food Court Bar has filed the vast majority of its claims in California, which has a statute, the Sherman Food, Drug, and Cosmetic Law, that explicitly incorporates all federal food laws and regulations. Plaintiffs’ lawyers have been able to defeat most preemption arguments by asserting Sherman Act violations, remedies for which would impose the same requirements as would federal law. Preemption defenses can prevail only when state law (or a state court decision) imposes obligations in conflict with federal law.

But in a series of recent suits against Quaker Oats Company, plaintiffs’ lawyers took a shot at imposing controls on oatmeal-product labeling that went beyond what federal rules required. Perhaps they thought the Central District of California would give them a pass, or that they could convince the court through some legal slight-of-hand. Judge Philip S. Gutierrez, who is presiding over the consolidated class actions, wasn’t buying it, however. On October 10, 2017, he dismissed the plaintiffs’ claims as preempted by federal law. In re Quaker Oats Maple & Brown Sugar Instant Oatmeal Litigation. Continue reading

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Friday, November 10, 2017  |  WLF Resources

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Washington Legal Foundation (WLF): Advocates for Freedom and Justice
2009 Massachusetts Ave., NW
Washington, DC 20036
info@wlf.org | ph. 202-588-0302
© WLF. All Rights Reserved.