NEW YORK (Legal Newsline) – A federal judge isn’t buying a class action lawsuit that accuses Pepperidge Farm of tricking customers into thinking “Golden Butter” crackers aren’t made with enough butter.
About five months after the company asked Judge Kevin Castel to toss attorney Spencer Sheehan’s lawsuit, Castel agreed. He becomes at least the fourth judge to toss a lawsuit over the butter content in food.
Like most of Sheehan’s other food lawsuits, which number in the hundreds, a judge was asked to decide if a “reasonable consumer” would be misled by the packaging.
“A reasonable consumer could believe that ‘Golden Butter’ described the product’s flavor and was not a representation about ingredient proportions,” Castel wrote.
“A reasonable consumer who encountered defendant’s packaging would accurately understand the ‘Golden Butter’ cracker to be shortened and flavored with butter. 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.”
Sheehan’s lawsuit complained about vegetable oil in the crackers, alleging the branding and packaging is designed to deceive customers. It claimed oil was used as shortening but Sheehan then learned that only butter is, leading to the filing of an amended complaint.
Buyers have paid higher prices than they would have if they had known the crackers weren’t as buttery as they were promised to be, the suit says.
“A reasonable consumer would not need to scrutinize fine print to understand the truth behind a prominent packaging claim and… the packaging did not emphasize simplicity or other virtues,” Castel wrote.
“It merely used the phrase ‘Golden Butter’ without elaboration.”
Sheehan likened his case to one against the maker of Cheez-Its that was allowed to proceed with the argument labels like “WHOLE GRAIN” and “MADE WITH WHOLE GRAIN” were misleading because enriched flour was actually the main grain in the crackers.
Another case over a potato product said to be made with “real butter and milk” but contained margarine also moved forward.
But Castel found three other butter cases more applicable:
-A Nov. 4 decision finding reasonable consumers would not believe Entenmann’s “All Butter Loaf Cake” was made entirely with butter instead of soybean oil;
-A 2020 decision over instant mashed potatoes said to be “Made with Real Potatoes, Milk & Butter” that tossed the case because there was more butter in them than vegetable oils; and
-A similar mashed potatoes case, with a judge noting the packaging twice disclosed they were made with margarine in addition to “real butter.”
Castel did not allow Sheehan to amend his complaint, closing the case unless Sheehan appeals.