Regarding the color of the product, the court wrote, "The crackers were a golden color therefore, the use of the word 'golden' is descriptive and not false, misleading or fraudulent." The court dismissed the case, holding that reasonable consumers were not likely to misled by the product's name. The Illinois Consumer Fraud and Deceptive Practices Act prohibits "unfair or deceptive acts or practices." Under Illinois law, a statement is deceptive if it "creates a likelihood of deception or has the capacity to deceive." In order to determine whether there is a likelihood of confusion, Illinois applies a "reasonable consumer" standard, which requires "a probability that a significant portion of the general consuming pubic acting reasonably in the circumstances, could be misled." She also alleged that the vegetable oils used in the product "enhance the appearance" of the product, which is misleading because "consumers expect that the cause of the golden hue of the is butter." Is the "Golden Butter" name misleading, since the crackers include vegetable oil (a butter substitute) as well as real butter? That was the issue in a recent case in the United States District Court for the Northern District of Illinois.Ī consumer sued, alleging false advertising and other claims under Illinois law, alleging that the name of the product is misleading because the crackers contain a non-de minimis amount of vegetable oils in addition to butter. Pepperidge Farm sells "Golden Butter" crackers, which are made from flour, butter, vegetable oil, and other ingredients.
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