Chacanaca

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS

I. INTRODUCTION

Plaintiffs Robert Chacanaca and Victor Guttmann, acting on behalf of a putative class of California consumers, assert that defendant’s Chewy Bars product contains “dangerous amounts of trans fat,” but are labeled and marketed to suggest that they are in fact wholesome and healthful. Accordingly, their Complaint raises claims for false advertising under the both the Lanham Act and California law (“FAL”), violations of California’s Unfair Competition Law (“UCL”), and violations of California’s Consumer Legal Remedies Act (“CLRA”). Plaintiffs do not seek damages. They instead seek an order enjoining the Quaker Oats Company (“Quaker Oats”) from including a “0 grams trans fat” statement on the Chewy Bar label, an order compelling “corrective advertising,” disgorgement of revenues, and restitution.

At the outset of this action, Quaker Oats requested a temporary stay of discovery and moved immediately for judgment on the pleadings on all of plaintiffs’ claims. It argues that the doctrines of express preemption, primary jurisdiction, and Article III standing warrant immediate dismissal of…