Pot de Crème Desserts Falsely Represented as French-Made, Class Action Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action claims Petit Pot, Inc. has falsely represented that its Pot de Crème desserts are made in France.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 30-page lawsuit explains that “pot de crème,” which translated from French means “cream jar” or “cream pot,” is a “quintessential” French dessert that dates back to the 17th century. The case alleges that Petit Pot, in an effort to sell more of the pudding-like dessert at a higher price, has deceptively packaged all varieties and sizes of its Pot de Crème products to appear authentically French when, in fact, they are not. 

According to the filing, the company “[exploits] the intimate relationship between the country of France and its classic dessert” by using French words and imagery on the products’ packaging. For example, the front label of each product includes a mascot that wears a French beret and goes by the French name “Ambassador Louis,” the case says. Further, the Pot de Crème desserts are shipped in a box labeled with the phrase “A Taste of Magique,” or “A Taste of Magic,” that includes an image of a shop door with a sign displaying “Ouvert,” or “Open.”

Moreover, Petit Pot translates to “Little Jar” or “Little Pot” in English and refers to the porcelain cups that the dessert is traditionally served in, the filing says. Per the complaint, images of the dessert served in “petit pots” on the front of the packaging deceptively convey that the products are authentically French.

Perhaps most misleading is Petit Pot’s front-label claim that the products are a “French dessert” rather than, more accurately, a “French Style Dessert,” the case contends.

“When used with a geographic term to describe food or drink, the word ‘style’ communicates to the consumer that the food or drink is prepared in a fashion that is similar to, or reminiscent of that used in the identified geographic area, but not that the food or drink is actually made in the identified geographic area,” the lawsuit argues.

As the case tells it, consumers value dairy products, such as pot de crème, that are made in France due to the country’s history of dairy cultivation and its reputation as “the land of milk.” The filing contends that consumers would have paid less for the dessert, or would not have bought Pot de Crème in the first place, had they known the products were not from France.

The lawsuit looks to cover anyone who purchased any of Petit Pot’s Pot de Crème products in the United States during the applicable statute of limitations period.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.