A Sweet Consequence For Mondelez In Shortbread Cookie Accommodate – Food items and Drugs Regulation

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Very last 7 days, the Western District of New York &#13
dismissed a proposed course motion
versus Mondelez Worldwide more than&#13
its Lorna Doone shortbread cookies. Rejecting the plaintiff’s&#13
promises, the choose held that “shortbread” in the&#13
product’s identify does not indicate that its components involve&#13

What is a shortbread cookie? Well, according to the criticism, there are a number of definitions:&#13
“a sort of sweet cookie that has a lot of butter,”&#13
“a sort of cookie designed from flour, sugar, and butter,” or&#13
“a hard sweet cookie with a massive volume of butter,”&#13
amid numerous others. While the product’s packaging does not&#13
checklist butter as an ingredient, the plaintiff alleged that the&#13
packaging’s “shortbread” misrepresentation was&#13
deceptive as she “thought and envisioned” that the&#13
shortbread cookies “contained substances predicted of&#13
shortbread, like some total of butter, alternatively of not getting any&#13

The Western District experienced other ideas, however. What should really a&#13
realistic customer consider about a shortbread cookie product’s&#13
butter content? The decide opined, “nothing at all in the word&#13
‘shortbread’ itself would lead a realistic customer to&#13
think that the cookie have to contain butter.” Even if the&#13
plaintiff were being right that shortbread is normally produced&#13
with butter, the court explained, she nonetheless failed to allege that the&#13
common consumer thinks that shortbread cookies&#13
always incorporate butter.

The court stated that the expression “shortbread” makes it possible for&#13
buyers to “realize the taste and texture of the cookies&#13
and differentiate among solutions.” But, absent any further&#13
representations of how the flavor and texture are accomplished, the use&#13
of the expression “shortbread” is not misleading, the court docket&#13

Howze v. Mondeléz International, No. 1:22-cv-00351&#13
(WDNY, 2022).


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Selz is not engaged herein in rendering legal advice, and shall not&#13
be liable for any damages ensuing from any error, inaccuracy, or&#13
omission. Our attorneys exercise regulation only in jurisdictions in which&#13
they are correctly licensed to do so. We do not search for to characterize&#13
purchasers in other jurisdictions.

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