Pepperidge Farm Class Action Says Texas Toast Isn’t Made With Butter

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An unhappy consumer alleges that Pepperidge Farm’s so-called Texas Toast product is falsely represented as made with butter.

Plaintiff Emoney Gibbs claims in a class action lawsuit that customers expect Pepperidge Farm’s Texas Toast would be made with real butter based on images and information on the product’s packaging.

However, the product is reportedly made with vegetable oil, flying in the face of Texas tradition.

The Texas toast class action lawsuit contends that the use of a buttery-looking yellow substance on the bread pictured on Pepperidge Farm Texas Toast packages makes consumers believe they are purchasing a product that contains real butter. Additionally, the labeling mentions butter.

“The back panel reinforces the front claims, stating ‘WELCOME TO THE WORLD OF TOASTY, GARLICKY, BUTTERY GOODNESS!’ and ‘They start with thick hearty slices, then take it up a notch by adding great flavors from real ingredients like garlic, butter and parsley,’” points out the Pepperidge Farm Texas Toast class action

According to the Pepperidge Farm class action lawsuit, Texas Toast was invented at a barbecue place called “The Pig Stand.” Since the barbecue sauce used at the restaurant was butter based, the toast was likely made with butter as well, surmises the plaintiff.

“The presence of copious amounts of butter in that kitchen was not by chance – in old southern-style barbecue sauce, butter was a main ingredient,” notes the Pepperidge Farm class action lawsuit. “If vegetable oils or margarine were used instead of butter, it is unlikely Texas toast would be anything more than plain old toast, with vegetable oil spread.”

The Pepperidge Farm Texas Toast class action notes that this bread is known throughout the country. “In practically all variations, Texas toast is prepared with butter,” contends the plaintiff.

Despite the rich buttery history of Texas toast, Pepperidge Farm has managed to include only two percent or less butter in its Texas Toast product, alleges the class action lawsuit. The fat contained in the product is mainly palm and soy bean oils.

“No reasonable consumer expects that when they buy and consume a product which has a deep association with butter, and touts its butter bona-fides on the front and back labels, butter will be present in such a minute quantity,” argues the Pepperidge Farm Texas Toast class action lawsuit. “Moreover, it is not expected that a product promoting the presence of butter will contain predominantly vegetable oils as its relevant lipid source.”

The Pepperidge Farm class action lawsuit further contends that the use of vegetable oils, particularly margarine, has become less favored by consumers in recent years after scientists discovered that trans fats contained in the substances are harmful.

Pepperidge Farm, claims the plaintiff, is attempting to minimize the vegetable oil content in its Texas toast product in order to deceive consumers who are looking for a less processed product.

The Pepperidge Farm Texas Toast class action lawsuit seeks to represent a nationwide Class of consumers who purchased their Texas Toast product, along with a New York subclass.

The Texas toast class action lawsuit is seeking damages, as well as a court order stopping Pepperidge Farm from its alleged false advertising.

The lead plaintiff and proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC, and Joshua Levin-Epstein of Levin-Epstein & Associates PC.

The Pepperidge Farm Texas Toast Class Action Lawsuit is Gibbs v. Pepperidge Farm Inc., Case No. 1:18-cv-07411, in the U.S. District Court for the Eastern District of New York.