Entenmann’s “All Butter” Loaf Artificial Vanillin Content Missouri Class Action

The Entenmann’s website tells visitors, “Indulge yourself with the rich taste of pure butter in our All Butter loaf.” But the complaint for this Missouri class action alleges that this “All Butter” loaf cake contains artificial flavor that adds to the butter taste and should be admitting this on its front label. It brings suit against Bimbo Bakeries USA, Inc., the company behind the Entenmann’s brand.

The Missouri Class for this action is all persons in Missouri who bought the product during the applicable statutes of limitations.

Consumers these days prefer natural ingredients in their foods. The complaint presents a variety of information on this, alleging, “A recent survey reported that over 82% of US respondents believe that foods with artificial flavors are less healthy than those promoted as containing natural flavors and/or not containing artificial flavors, which are highly processed with chemical additives and synthetic solvents in laboratories.”

“According to Forbes,” the complaint also claims, “88% of consumers consider foods without artificial flavors to be more natural and healthier than foods with artificial flavors.”

This preference involves more than flavor and health concerns, the complaint alleges, quoting a “scholar” who suggested that “the preference for natural products appeals to a moral ideology and offers a moral satisfaction.”

According to the complaint, the words “All Butter” on the front of the loaf cake product “tells purchasers the cake will contain butter as its main shortening ingredient and that its butter taste will only be from butter.” Butter, which has a fatty, creamy taste, the complaint claims, is therefore the product’s characterizing flavor.

Page 4 of the complaint, however, reproduces the ingredient list for the product, which does list “Butter” but also lists “Artificial Flavors.” The complaint alleges that the artificial flavors listing “refers to and includes artificial vanillin, determined through laboratory analysis in accordance with accepted standards.”

The complaint alleges that artificial vanillin is created from petroleum products and used to provide a creamy and fatty taste in food. According to the complaint, the loaf cake product “adds vanillin to butter to enhance the fattiness in the end-product, so it has a more ‘buttery top note,’ which refers to its most significant flavor component.”

However, federal regulations exist about the labeling of food that contains an artificial ingredient that “simulates, resembles or reinforces” the food’s characterizing flavor. The complaint alleges that, in this case, the loaf cake’s “front label is required to state, ‘Artificially Flavored’ next to ‘All Butter.’”

The Food and Drug Administration (FDA) has issued guidance on this topic, the complaint alleges. This guidance, it says, “requires that where a food is labeled ‘Butter ____’ or uses the word ‘butter’ in conjunction with its name, like ‘All Butter’ but ‘contains any artificial butter flavor,’ this fact must be disclosed to consumers on the front label.”

The complaint asserts, “The value of the Product that [the plaintiff in this case] purchased was materially less than its value as represented by” the company.

Article Type: Lawsuit
Topic: Consumer
Tags: Butter Flavor, Deceptive Advertising, Deceptive Labels, Does Not Admit to Artificial Flavor on Labels