· 10/14/2010
Chacanaca v. QUAKER OATS COMPANY
Citations
- 752 F. Supp. 2d 1111
- 2010 U.S. Dist. LEXIS 111981
- 2010 WL 4055954
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the issues that survive defendant’s 17 preemption arguments . . . do not entail technical questions or require agency expertise”
- finding that “wholesome” and “smart choices made easy” on a decal cannot be dismissed as puffery
- stating that 3 plaintiffs advance a “relatively straightforward claim: they assert that defendant has violated FDA 4 regulations and marketed a product that could mislead a reasonable consumer. This is a question 5 courts are well-equipped to handle”
- finding injury in fact based on “the purchase of food products that contain an ingredient the plaintiffs find objectionable” and which they otherwise “would not have purchased”
- rejecting primary jurisdiction doctrine as to claims of misleading marketing, because “courts are well-equipped to handle” misleading marketing challenges relating to food labeling
- finding consumers 4 lacked standing to bring Section 43(a) claim where granola bar manufacturer’s statements did not 5 cause injury that was harmful to consumers’ ability to compete with manufacturer
Source: CourtListener parenthetical corpus (CC0).
Judges: Richard Seeborg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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