Entenmann’s Maker Slips ‘All Butter’ Loaf Cake False Advertising Class Action

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Entenmann’s All Butter Loaf Cake Class Action Lawsuit Overview: 

• Who: A judge has dismissed a class action lawsuit accusing Bimbo Bakeries USA, Inc. of falsely advertising its Entenmann’s All Butter Loaf Cake.
• Why: The judge said no reasonable consumer would assume the loaf was entirely made from butter and would therefore check the ingredients list to see what the loaf contained.
• Where: The lawsuit was dismissed from New York district court.

Bimbo Bakeries USA, Inc. has beaten a class action lawsuit that alleged false advertising of its Entenmann’s All Butter Loaf Cake, with a federal judge saying the “All Butter” label was “ambiguous” and no reasonable consumer would assume the cake was entirely made of butter.

In a 2020 lawsuit, New York City woman Monica Boswell sued Bimbo for false advertising, arguing that the labeling of the All Butter Loaf Cake led her to believe the cake was “made only with butter as its shortening ingredient,” but that it was not “all butter” because it contained vegetable oils.

However, US District Judge Jesse M. Furman rejected Boswell’s claims, saying that the “All Butter” label was susceptible to more than one interpretation, and was therefore ambiguous.

“Taken literally, the description could be understood to mean that the product is entirely butter — although no reasonable consumer would adopt that reading because the product is obviously not a stick of butter and ‘All Butter’ modifies ‘Loaf Cake,’” Furman wrote.

“Put differently, any reasonable consumer would be aware that the product is, notwithstanding the label ‘All Butter,’ likely to contain other ingredients commonly found in cake, such as flour, sugar, milk, and eggs.”

Entenmann’s ‘All Butter’ Label Would Not Dupe Consumers, Rules Judge Tossing Class Action

Reasonable consumers, he added, would not be “lulled into a false sense of security” by the bold lettering on the product’s package, and would know to turn to the ingredient list to find out what the loaf contains.

“Doing so would inform them that the product contained non-butter ingredients, including soybean oil and artificial flavors,” he wrote.

Therefore, he said, Bimbo’s labeling and marketing was not deceptive, which “dooms” all of Boswell’s claims, including for negligent misrepresentation, breaches of express warranty and implied warranty of merchantability, fraud, and unjust enrichment.

“In any event, the remaining claims fall short for a litany of other reasons as well,” he added.

Furman took issue with Boswell’s lawyer Spencer Sheehan of Sheehan & Associates PC, writing that the case was the “latest in a long string of putative class actions” he had brought over false advertising of food.

Indeed, Sheehan represents an Illinois woman in a similar class action alleging Bimbo’s Entenmann’s brand “All Butter Loaf Cake” is manufactured using soybean oil, and not pure butter, as consumers might expect.  

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The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.

The Entenmann’s All Butter Loaf Cake Class Action Lawsuit is Monica Boswell v. Bimbo Bakeries USA Inc., Case No. 1:20-cv-08923, in the U.S. District Court for the Southern District of New York.

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