in Newswire Published on February 28, 2023

Class Action Challenges ‘All Butter’ Flavor Claim for Entenmann’s Loaf Cake [DISMISSED]

Last Updated on April 24, 2024

Bradby v. Bimbo Bakeries USA, Inc.

Filed: February 26, 2023 ◆§ 1:23-cv-00522-LKG

A class action lawsuit claims Bimbo Bakeries USA has misled consumers by implying that Entenmann’s “All Butter” loaf cake gets its taste entirely from “pure butter,” when in fact the dessert contains artificial flavoring.

Defendant(s)

Bimbo Bakeries USA, Inc.

Law(s)

Magnuson-Moss Warranty Act Maryland Consumer Protection Act

State(s)

Maryland

April 24, 2024 – Entenmann’s “All Butter” Loaf Cake Lawsuit Dismissed

On April 12, 2024, a federal judge dismissed the proposed class action lawsuit detailed on this page after finding that the plaintiff’s state law claims were preempted by the Federal Food, Drug, and Cosmetic Act (FDCA).

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.

In a 12-page opinion filed the same day, U.S. District Judge Lydia Kay Griggsby noted that the plaintiff sought to enforce food labeling requirements outlined in the Maryland Consumer Protection Act that differ from those established by the FDCA.

“As this Court has held, state laws are impliedly preempted to the extent they conflict with a federal statute,” the judge wrote, finding that compliance with the Maryland law would “improperly require the defendant take actions that are inconsistent with the FDCA and its implementing regulations.”

Per Judge Griggsby, the plaintiff also failed to provide adequate evidence that Bimbo Bakeries added artificial flavors to its all-butter loaf cake to simulate the taste of butter.

“Given this, the factual allegations in the complaint are not sufficient to show that Defendant misrepresented the source of the Product’s butter flavor,” the judge wrote.

Judge Griggsby’s order granting Bimbo Bakeries’ motion to dismiss the case can be found here.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.

A proposed class action lawsuit claims Bimbo Bakeries USA has misled consumers by implying that Entenmann’s “All Butter” loaf cake gets its taste entirely from “pure butter,” when in fact the dessert contains artificial flavoring.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 12-page lawsuit says that although the product’s ingredients list includes butter, the claim that the “All Butter” loaf cake has “the rich taste of pure butter” is deceptive because the item’s buttery taste is derived partially from vanillin, a synthetic flavoring used to add creamy and fatty sensations in food.

The presence of the artificial flavoring is not noted on the loaf cake’s front label but is instead buried in the ingredients list on the back, the suit says.

By law, because vanillin enhances the loaf cake’s butter flavor, the front label must include the phrase “Artificially Flavored” next to “All Butter,” the case stresses.

Per the complaint, the “All Butter” statement misleads consumers who otherwise believe that butter is the product’s main shortening ingredient and the only source of the loaf cake’s buttery taste.

The plaintiff, a Maryland resident, has purchased the loaf cake numerous times in the past few years, the filing says. Like other consumers, the woman assumed based on the challenged representations that the buttery taste came only from butter, and that if artificial flavors were used, they would be disclosed on the front label, the suit states.

Had the plaintiff known that the loaf cake’s taste was enhanced by artificial flavoring, she would have paid less for it or not purchased it at all, the complaint says.

The lawsuit looks to represent anyone residing in Maryland, Arkansas, Kansas, Montana, Nebraska, North Dakota, Oklahoma and Utah who purchased the Entenmann’s “All Butter” loaf cake within the applicable statutes of limitations period.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.

Case Spotlight

Hair Relaxer Lawsuits

Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.

Read more here: Hair Relaxer Cancer Lawsuits