Sara Lee Frozen Bakery “All Butter” Pound Cake New York Class Action

At issue in this case is a pound cake made by Sara Lee Frozen Bakery, LLC. The product is labeled as an “All Butter Pound Cake.” However, the complaint for this class action alleges that butter is not the only shortening used, as the ingredient list shows “soybean oil” as well.

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

The second page of the complaint shows an image of the top of the packaging with the labeling. It includes the words, “All Butter Pound Cake,” “No Artificial Flavors,” and “No Colors from Artificial Sources.”

The all-butter promise is important, the complaint claims, not just because it’s so prominently featured on the package, but because “[c]onsumers prefer butter to chemically produced ‘vegetable’ oils when baking for reasons including taste, health and avoidance of highly processed artificial substitutes for butter.” Butter is also a more expensive ingredient than substitutes like soybean or canola oil.

According to the complaint, “Where a food is labeled as ‘Butter _____’ or uses the word ‘butter’ in conjunction with the food name, reasonable consumers will expect all of the shortening ingredients to be butter.” The complaint therefore alleges that the representations on the label are misleading because this product also contains soybean oil. A reproduction of the ingredient panel is included on the third page of the complaint.

There’s another objection as well. Also on the ingredient list is “Annatto (Color).” Annatto is a food coloring that makes a product look yellower. The complaint says, “The use of annatto is permitted in butter, but used in the Product, [it] gives the consumer the impression that the Product contain more butter than it does and only contains butter as its shortening ingredient.”

The complaint concludes, “[Sara Lee’s] branding and packaging of the Product is designed to—and does—deceive, mislead, and defraud” those who buy it.

It also claims that Sara Lee “sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers…” Because of the substitution of soybean oil for butter, the complaint alleges that the value of the pound cake “was materially less than its value as represented by” Sara Lee.

The counts include violations of New York’s General Business Law, negligent misrepresentation, breaches of warranties, fraud, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sara Lee Frozen Bakery “All Butter” Pound Cake New York Complaint

September 4, 2020

At issue in this case is a pound cake made by Sara Lee Frozen Bakery, LLC. The product is labeled as an “All Butter Pound Cake.” However, the complaint for this class action alleges that butter is not the only shortening used, as the ingredient list shows “soybean oil” as well.

Sara Lee Frozen Bakery “All Butter” Pound Cake New York Complaint

Case Event History

Sara Lee Frozen Bakery “All Butter” Pound Cake New York Complaint

September 4, 2020

At issue in this case is a pound cake made by Sara Lee Frozen Bakery, LLC. The product is labeled as an “All Butter Pound Cake.” However, the complaint for this class action alleges that butter is not the only shortening used, as the ingredient list shows “soybean oil” as well.

Sara Lee Frozen Bakery “All Butter” Pound Cake New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Made with Real Butter Claims