Second Butter Cracker Case Dismissed
In November 2021, we reported on the dismissal of a case against Pepperidge Farm Inc. in the Southern District of New York. A similar case was filed against Pepperidge Farm Inc. on May 31, 2021, in the Southern District of Illinois.
In both cases, the plaintiff alleged that the product name “Golden Butter” crackers was deceptive because, though the crackers contained butter, they also included vegetable oils. The plaintiff in the Illinois case also alleged that the vegetable oil enhanced the golden appearance of the product and that this was misleading as consumers expect the butter alone to provide the crackers’ golden hue.
On January 24, 2022, the court dismissed the Illinois case against Pepperidge Farm, holding that reasonable consumers were not likely to be misled. The court noted that the crackers contained butter as the second ingredient on the product label; thus, the use of “butter” in the name was descriptive and not false or misleading. Further, the court noted that the crackers were golden in color; thus, the word “golden” was also descriptive and not misleading.