Entenmann’s Class Action Lawsuit Says All Butter Loaf Cake Contains Oil

A New York City woman has filed a class action lawsuit claiming Entenmann’s All Butter Loaf Cake is not “all butter” because it contains vegetable oils.

Defendant Bimbo Bakeries USA Inc. makes and distributes Entenmann’s All Butter Loaf Cake, a pound cake that is purportedly “made only with butter as its shortening ingredient,” lead plaintiff Monica Boswell’s class action lawsuit claims. 

Boswell says consumers prefer the use of butter to chemically produced oils in baked goods because of the taste, for health reasons and if they want to avoid “highly processed artificial substitutes for butter.”

Because butter costs more than its alternatives, if a product has the word “butter” in the name or labeling, consumers expect all of the shortening ingredients in it to be butter.

Therefore, the representations about Entenmann’s All Butter Loaf Cake are misleading because butter is not the only shortening ingredient in the product, as it says in the ingredient list, the class action lawsuit says.

In addition to butter, the product also contains soybean oil, Boswell says. It also contains artificial butter flavoring, giving the impression that it contains more butter than it actually does.

According to the class action lawsuit, the defendant’s branding and packaging is designed to mislead and defraud consumers.

Boswell alleges Bimbo Bakeries sold more Entenmann’s All Butter Loaf Cake products — and at higher prices — than it would have without those misrepresentations, resulting in additional profits for the company at consumer expense.

The class action lawsuit claims the value of Entenmann’s All Butter Loaf Cake is “materially less” than the value represented by the defendant.

Entenmann’s All Butter Loaf Cake is sold “at a premium price” of no less than $3.99 for 12 ounces before tax, the class action lawsuit claims. Compared with other “similar products represented in a non-misleading way,” the Entenmann’s product is more expensive, the class action lawsuit alleges. 

Boswell says had she and other Class Members known about the misrepresentation, they would not have bought Entenmann’s All Butter Loaf Cake or would have paid less for it.

Boswell allegedly purchased the product multiple “one or more” times between Sept. 18 and Oct. 18, 2020, expecting it would “contain only butter as a shortening ingredient” based on its name. She also says she expected the only butter flavor would come from real butter rather than artificial flavoring.

However, she was “deceived by and relied upon the Product’s deceptive labeling.”

Boswell claims she will purchase Entenmann’s All Butter Loaf Cake in the future “when she can do so with the assurance that Product’s labels are consistent with the Product’s components.”

The plaintiff accuses Bimbo Bakeries of violating New York General Business Law; of breaches of express Warranty, Implied Warranty of Merchantability and the Magnuson Moss Warranty Act; and of negligent misrepresentation, fraud and unjust enrichment.

The Proposed Class consists of all purchasers of  Entenmann’s All Butter Loaf Cake who reside in New York during the statutes of limitation.

Boswell’s class action lawsuit asks the Court for injunctive relief to remove and correct the alleged misrepresentations and other fraudulent acts; for restitution and disgorgement; and for monetary damages and interest, court costs and expenses and any further relief deemed appropriate.

She also demands a jury trial.

Have you purchased Entenmann’s All Butter Loaf Cake thinking it contained no vegetable oils? Tell us about your experience in the comment section below.

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

The Entenmann’s All Butter Loaf Cake Class Action Lawsuit is Monica Boswell, et al. 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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