Aunt Jemima heirs file class action

October 14, 2014 by

PepsiThe great grandson of Anna Short Harrington, the woman who became “Aunt Jemima,” has filed a class action lawsuit against PepsiCo Inc., its subsidiary Quaker Oats Co., and Pinnacle Foods. on behalf of all of her great grandchildren.

He is seeking $2 billion, plus punitive damages to be determined at trial.

The great grandson, D.W. Hunter alleges that the companies conspired to deny that Harrington had been an employee of Quaker Oats, all the while exploiting her image and recipes for profit, while refusing to pay an “equitable fair share of royalties” to her heirs for more than 60 years.  The complaint came shortly after defendants allegedly received a certified death certificate for Harrington that listed Quaker Oats as her employer.

Harrington took on the role of the pre-existing character of Aunt Jemima in 1935. In 1937, the company first registered the trademark for the brand. She was allegedly selected because of her own pancake recipe, which the company recreated for the mass market.

According to the suit, Quaker Oats sought out Harrington’s youngest daughter Olivia Hunter in 1989, ultimately using her likeness to update the look of Aunt Jemima. It is this image that is used today on Aunt Jemima-branded products, the suit suggests.

The suit further alleges that the exploitation of Harrington and the other women who portrayed Aunt Jemima was racially motivated, going so far as to accuse the company of theft in procuring 64 original formulas and 22 menus from Harrington.

It further alleges that Harrington was dissuaded from using a lawyer, exploiting her lack of education and age, so that the company could avoid paying her a percentage of sales from her recipes.

Chicago-based Quaker continued to use Harrington’s image for years, and licensed it out to other companies for ancillary merchandise like mugs and clothing, the suit alleges.

The lawsuit cites Screen Actors Guild residuals and standard policies in the entertainment industry regarding revenue statements, which neither Harrington nor her heirs ever received. It wasn’t until they uncovered in 2013 that Quaker Oats had trademarked Harrington’s likeness and picture in 1937 that the family determined that they were owed royalties.

The lawsuit alleges that Pinnacle Foods has sold hundreds of millions of dollars worth of Aunt Jemima products. Pinnacle sells Aunt Jemima-branded frozen pancakes, waffles and French toast. In a statement, Quaker said that while it could not discuss the details of pending litigation, it does not believe there is any merit to this lawsuit.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

Legal Disclaimer

The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.