Quaker Oats ‘SIMPLY’ Granola Target of Labeling Suit
Three consumers have filed a proposed class action against The Quaker Oats Co., alleging Quaker Oats' "SIMPLY" granola products led consumers to wrongly believe the products contained only represented ingredients. Campobasso v. The Quaker Oats Co., No. 22-6043 (N.D. Ill., filed November 2, 2022).
The plaintiffs, who are from New York, Illinois and California, take issue with the use of the word "SIMPLY" in the name of the product, as well as the inclusion of a list of select named ingredients and pictures of only those ingredients on the product labeling. They said such labeling leads reasonable consumers to believe the products only contain those certain ingredients, when they also contain several other ingredients, such as wheat, sugar, inulin and vegetable oils.
"Plaintiffs and Class members purchased the Products and paid a premium price based on Defendants’ advertising of the Products as ‘SIMPLY’ granola, which is seen as a premium due to being a food with clean, simple ingredients," they said in the complaint. "Had Plaintiffs and Class members been aware of the truth about the Products, they would not have purchased them, or would have paid significantly less for them."
Plaintiffs allege violations of Illinois, New York and California consumer fraud acts, as well as other state consumer fraud acts, and breach of express and implied warranties and unjust enrichment. They are seeking class certification, declaratory judgment, disgorgement, damages, injunctive relief, attorneys' fees and pre- and post-judgment interest.
