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You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions

Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed in context of the packaging as a whole, did not mean the products contained no other fats or oils. The courts therefore held that the plaintiffs had no claims under New York’s deceptive trade practices or false advertising statutes based on the foods’ containing vegetable oils or other shortening. Read more…