![]() ![]() ![]() The complaint does not plausibly allege why a reasonable consumer also would believe that the use of butter precluded secondary usage of other fats or oils, either as an additional shortener or for external application to enhance the crackers’ appearance.” A reasonable consumer who encountered defendant’s packaging would accurately understand the ‘Golden Butter’ cracker to be shortened and flavored with butter. He continued, “A reasonable consumer could believe that Golden Butter described the product’s flavor and was not a representation about ingredient proportions. “Butter is the second ingredient listed in the ingredients list, after flour but ahead of vegetable oils, suggesting that butter predominates over other fats or oils,” Mr. Castel, the product’s packaging “accurately indicated that the product contained butter, and the ingredients list confirmed that butter predominated over other oils and fats.” ![]()
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