Pepperidge Farm has moved to dismiss a complaint brought against it by a proposed class of customers that alleged that the company’s “Golden Butter Crackers” were deceptively named, because the product contained shortenings other than butter. The bakery fired back, arguing that “the name of the product is not an ingredient list…and most certainly not a complete ingredient list.
The original complaint alleged that the naming of hte product constitutes false advertising, arguing that consumers have certain expectations when a product is marketed in conjunction with the word “butter.” They allege that the crackers are priced higher than a non-deceptive version would sell for.
The defendants, in their motion dismiss, stated that “According to plaintiff, the product must not contain any other ingredient, in any amount, for any purpose that butter could serve. Having set up that strawman, plaintiff alleges that the ingredient list on the product label declares vegetable oil in addition to butter and, therefore, she is a victim of deception.”
The defendant also brought up another suit filed against them by the same counsel using similar reasoning. Law Street Media has conducted its own analysis of food advertising suits filed by the same counsel.
Pepperidge Farm is represented by Mayer Brown. The plaintiffs are represented by Sheehan & Associates.
