“But the name of the product is not an ingredient list, and most certainly not a complete ingredient list… And even if the product name was somehow loosely associated with the ingredients, the product name says nothing about oil at all – and certainly does not deny that oil is present in the product.” “(B)utter is the second most predominant ingredient after flour and is the sole shortening ingredient in the product. “A butter cracker is a type of cracker,” Pepperidge Farm’s motion says. The case concedes that there is butter in Golden Butter crackers the company makes, but alleges there is not enough to justify calling them butter crackers on the front of the box. The company on May 28 filed its motion to dismiss the lawsuit brought by lawyer Spencer Sheehan in New York federal court. Castel granted Pepperidge Farm’s motion to dismiss “in its entirety.NEW YORK (Legal Newsline) – Pepperidge Farm, accused of not putting enough butter in its butter crackers, is asking a federal judge to throw out a proposed class action lawsuit. The complaint does not plausibly allege why a reasonable consumer also would believe that the use of butter precluded secondary usage of other fats or oils, either as an additional shortener or for external application to enhance the crackers’ appearance.” A reasonable consumer who encountered defendant’s packaging would accurately understand the ‘Golden Butter’ cracker to be shortened and flavored with butter. He continued, “A reasonable consumer could believe that Golden Butter described the product’s flavor and was not a representation about ingredient proportions. “Butter is the second ingredient listed in the ingredients list, after flour but ahead of vegetable oils, suggesting that butter predominates over other fats or oils,” Mr. Castel, the product’s packaging “accurately indicated that the product contained butter, and the ingredients list confirmed that butter predominated over other oils and fats.”
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