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A black and white photograph of butter, oil, and margarine product, including Crisco, Spry, Good Luck Margarine, Seneca Corn Oil, Wesson Oil, and Morrell lard.

Ninth Circuit Dismisses Class Action Claims on I Can’t Believe It’s Not Butter! Spray

Posted by: Anna Price

In an April 18, 2023, opinion, the Ninth Circuit Court of Appeals dismissed a class action lawsuit alleging that nutrient content claims for “I Can’t Believe It’s Not Butter! Spray” (“Butter! Spray”) are misleading. The plaintiffs in this case were California consumers who alleged that the “product’s label makes misrepresentations about fat and calorie content …

Ornate red and ivory wall decoration, with plaque and symbols

A Cheese by Any Other Name: The Legal Challenge over “Gruyere”

Posted by: Anna Price

On December 15, 2021, the Federal District Court for the Eastern District of Virginia upheld an administrative decision finding that, in the United States, “gruyere” is a generic term for a type of cheese, and therefore ineligible for legal protection through the U.S. Patent and Trademark Office (USPTO). Gruyère is a geographic region of Switzerland …