July 1, 2022

Volume XII, Number 182

Advertisement
Advertisement

July 01, 2022

Subscribe to Latest Legal News and Analysis

June 30, 2022

Subscribe to Latest Legal News and Analysis

June 29, 2022

Subscribe to Latest Legal News and Analysis

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.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 62
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

202-434-4100
Advertisement
Advertisement
Advertisement