BUFFALO, N.Y. (Legal Newsline) - A federal judge has rejected a class action lawsuit that said Nabisco's Lorna Doone cookies were marketed as Scottish but contained no butter - like a traditional Scottish shortbread cookie would.
Judge John Sinatra, on the bench in Buffalo, ruled Jan. 5 for Mondelez Global, dismissing the lawsuit brought by lawyer Spencer Sheehan and plaintiff Zilphia Howze. The two sued May 11 because the packaging features a tartan pattern, the cookies are square and the name Lorna Doone comes from a character in a 19th century Scottish novel.
"Shortbread was invented in Scotland centuries ago and derived its name from its short, or crumbly, structure, caused by the high proportion of fat, in the form of butter," the suit said. "The high fat content of shortbread inhibits gluten, allowing the dough to rise, contributing to the tender, crumbly texture."
Nabisco uses vegetable oils to imitate butter, the suit says. Its arguments failed the "reasonable consumer" test.
"Defendant does not expressly or implicitly represent that Lorna Doone cookies contain butter," Judge Sinatra wrote. "The product's packaging does not state on the front label, ingredient list, or anywhere else that butter is an ingredient in the cookies.
"Further, nothing in the word 'shortbread' itself would lead a reasonable consumer to believe that the cookie must contain butter."
The dictionary says shortbread is defined by a large amount of shortening, not necessarily butter.
"Even if Plaintiff were correct that shortbread is commonly made with butter, her claim would fail because she has not plausibly alleged that the average consumer believes that shortbread cookies necessarily contain butter," Sinatra wrote.