EAST ST. LOUIS – On Jan. 24, U.S. District Judge Stephen McGlynn dismissed a claim of Maryville resident Deborah Floyd that Pepperidge Farm shouldn’t label crackers as “golden butter” because they also contain vegetable oils.
“Floyd purchased what was promised, crackers that contained butter and were golden hued,” he wrote.
He followed a rule granting Floyd 30 days to amend the complaint but stated he was reticent to do so.
“Consumers were not deceived by representations that the crackers contained butter,” he wrote.
“It is the second ingredient on the label behind only flour.”
Vegetable oils came third and sugar fourth.
Floyd bought the crackers at Schnucks in Edwardsville.
Last May, Spencer Sheehan of Great Neck, New York sued to certify her as representative for a class action.
He claimed Pepperidge Farms sold the crackers at a premium price due to misrepresentation and omission.
He alleged negligent misrepresentation, fraud, warranty breaches and unjust enrichment.
In November, in New York City, Senior District Judge Kevin Castel dismissed a golden butter suit and denied leave to amend.
Pepperidge Farms counsel Dale Giali of Los Angeles moved to file the decision as a supplement in Floyd’s action, and McGlynn granted it.
In his order he wrote, “While not binding precedent, this decision and analysis is certainly persuasive authority for this court to consider.”
McGlynn quoted Seventh Circuit precedent that a label cannot mislead unless it actually conveys untrue information about a product.
“There are no untruths on the packaging and there is no deception,” he wrote.
“The name and the ingredient list coalesced.”
He wrote that Floyd assumed the oil was applied at around eight to 18 percent, “which is quite a disparity.”