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ARTICLE · 19 AUGUST 2024

When Can You Make A "Made With" Claim?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Schwan's Consumer Brands sells "Mrs. Smith's Dutch Apple Pie" that has an "original flaky crust made with real butter."

United StatesMedia, Telecoms, IT, Entertainment

Schwan's Consumer Brands sells "Mrs. Smith's Dutch Apple Pie" that has an "original flaky crust made with real butter." What does "made with real butter" mean here? Does it mean that butter is the only shortening used to make the crust, that butter is the primary shortening used, or just that there's some amount of butter in the crust? That was the issue in a recent lawsuit in federal court in New York.

Advertisers often struggle with "made with" type claims. (Check out our blog posts, for example, on stoneground wheat crackers, English muffins made with whole grain, mashed potatoes made with real butter, and crackers made with whole grain, to name a few.) How do consumers interpret these types of claims? Or, perhaps more importantly, how do consumers who happen to be judges interpret them? When does a "made with" claim communicate that it's a primary ingredient versus just being one of many ingredients? In the Mrs. Smith's Dutch Apple Pie case, the decision

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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