Calling the suit frivolous, Pepsi and a subsidiary of Pepsi, Quaker Oats, asked a federal judge to dismiss the lawsuit. The lawsuit was brought pro se in August this year by the great grandchildren of Anna Short Harrington, who appeared as Aunt Jemima. The plaintiffs seek $2 billion in punitive damages for, among others, alleged violation of right of publicity, breach of contract, promissory fraud, and conspiracy.
The lawsuit claimed that Nancy Green, the first Aunt Jemima, and Harrington formulated the self-rising pancake mix and that it was Green’s idea to add powdered milk to enhance flavor but that Quaker Oats stole the recipes without paying royalties. According to the complaint, there existed employment contracts of Aunt Jemima models, promising Green and Harrington that every time their “name, voice or likeness was used in connection with the products or goods, they would receive a percentage of the monies or royalties received.” However, the contracts have not been located.
Following its previous response that “[t]he Aunt Jemima is not, and never has been, based on any one person,” Pepsi and Quaker filed a motion to dismiss the suit on Monday. The court document argued the descendants do not have standing to bring the suit and failed to sufficiently state their claims. Moreover, it argued all of the descendants’ claims were time barred because of the statute of limitations.