BUFFALO, NY. — The Western District of New York has dismissed a proposed class action suit against Mondelez International, Inc. over its Lorna Doone shortbread cookies. On Jan. 5, the district judge upheld Chicago-based Mondelez’s use of the term “shortbread” on its cookie packaging.
The original filing alleged Lorna Doone packaging was misleading as the plaintiff “believed and expected” the cookies “contained ingredients expected of shortbread, like some amount of butter, instead of not having any butter.”
According to the court’s ruling, “Nothing in the word ‘shortbread’ itself would lead a reasonable consumer to believe that the cookie must contain butter.”
Granting the assumption that shortbread commonly uses butter as an ingredient, the court asserted the plaintiff still failed to make a compelling case that the average consumer believes shortbread cookies necessarily contain butter.The court said the cookie label allowed consumers to “understand the flavor and texture of the cookies and differentiate among products,” and determined the use of the term “shortbread” on Lorna Doone packaging was not misleading.