Bimbo Bakeries Must Face Entenmann’s ‘All Butter’ Cake Ad Suit

Bimbo Bakeries USA Inc. failed to shake off a proposed class action over Entenmann’s “All Butter Loaf Cake,” after the Southern District of Illinois found plausible allegations of deception.

The interpretation of the label—whether a reasonable consumer could believe “all butter” means an absence of soy and artificial flavors—is a question of fact that can’t be decided based only on the pleadings, the U.S. District Court for the Southern District of Illinois said.

Vicki Elder may therefore proceed with her negligent misrepresentation and unjust enrichment claims because she sufficiently alleged that Bimbo Bakeries labeled the cake in a deceptive manner, ...