Turek v. General Mills, Inc.

Dist. Ct. did not err in dismissing plaintiff’s claims under Ill. Consumer Fraud and Deceptive Business Practices Act and Ill. Uniform Deceptive Trade Practices Act where plaintiff alleged that packaging for defendants’ chewy bars improperly failed to disclose that said product contained form of fiber that was inferior to natural fiber and was actually harmful to certain consumers. Instant complaint was preempted by provision of Federal Food, Drug and Cosmetic Act where instant labeling of chewy bars was compliant with federal regulations relating to health claims for dietary fiber. Moreover, disclaimers sought by plaintiff were not identical to labeling requirements imposed on such products by federal law.