Entenmann’s “All Butter” Loaf Cake Contains Oil New York Class Action

According to this class action, Entenmann’s brand baked products come from the cheerfully-named Bimbo Bakeries USA, Inc. At issue in this case is Entenmann’s All Butter Loaf Cake, a pound cake whose name seems to promise that all the shortening in the product is butter. However, this is not true, the complaint says, because the product also contains soybean oil. Even the “Artificial Flavors” in the product, the complaint says, are a clue to the lack of butter in the pound cake.

The class for this action is all those who live in New York who bought the product during the applicable statutes of limitations.

Consumers these days prefer natural, “real,” and high-quality ingredients in the food products they buy. The complaint notes that they “prefer butter to chemically produced ‘vegetable’ oils when baking for reasons including taste, health, and avoidance of highly processed artificial substitutes for butter.” Vegetable oils are often cheaper, not as richly flavored, and generally less desirable.

The complaint asserts, “Where a food is labeled ‘Butter _____’ or uses the word ‘butter’ in conjunction with its name, reasonable consumers will expect all of the shortening ingredient to be butter.”

To support this statement, it quotes the Compliance Policy Guide (CPG), Center for Food Safety and Applied Nutrition, from the Office of Regulatory Affairs, March 1988: “if the product contains both butter and shortening but a sufficient amount of butter to give a characteristic butter flavor to the product, an appropriate name would be ‘butter flavored _____’… if the product contains any artificial butter flavor it would have to be labeled in compliance with” a different section of the Code of Federal Regulations.

What does the pound cake’s ingredient list show? It does show “Butter” as the fourth ingredient, behind sugar, flour, and eggs; but farther along, it shows “Soybean Oil” and “Artificial Flavors.”

Soybean oil is a form of shortening, and the complaint asserts that the “Artificial Flavors” are “artificial butter flavoring, which gives the impression that it contains more butter than it does by increasing the butter taste.”

The complaint therefore alleges that the “branding and packaging of the Product is designed to—and does—deceive, mislead, and defraud … consumers.” It claims that the pound cake is sold “at a premium price, approximately no less than $3.99…”

The counts include violation of the consumer protection statutes of New York’s General Business Law, negligent misrepresentation, breaches of warranty, fraud, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Entenmann’s “All Butter” Loaf Cake Contains Oil New York Complaint

October 25, 2020

According to this class action, Entenmann’s brand baked products come from the cheerfully-named Bimbo Bakeries USA, Inc. At issue in this case is Entenmann’s All Butter Loaf Cake, a pound cake whose name seems to promise that all the shortening in the product is butter. However, this is not true, the complaint says, because the product also contains soybean oil. Even the “Artificial Flavors” in the product, the complaint says, are a clue to the lack of butter in the pound cake.

Entenmann’s “All Butter” Loaf Cake Contains Oil New York Complaint

Case Event History

Entenmann’s “All Butter” Loaf Cake Contains Oil New York Complaint

October 25, 2020

According to this class action, Entenmann’s brand baked products come from the cheerfully-named Bimbo Bakeries USA, Inc. At issue in this case is Entenmann’s All Butter Loaf Cake, a pound cake whose name seems to promise that all the shortening in the product is butter. However, this is not true, the complaint says, because the product also contains soybean oil. Even the “Artificial Flavors” in the product, the complaint says, are a clue to the lack of butter in the pound cake.

Entenmann’s “All Butter” Loaf Cake Contains Oil New York Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels, Made with Real Butter Claims