This Thanksgiving, our contribution to the feast was a pineapple chiffon cake. Chiffon is the French word for “cloth” and the cake’s name derives from its light and airy texture. After testing over 400 different recipes, the cake’s aptly named inventor, Harry Baker, discovered the magic formula by replacing butter with vegetable oil. He called the addition of vegetable oil, “a sixth sense, something cosmic.” Mr. Baker held tightly to that secret for 20 years before selling the recipe to General Mills in 1947. Ever-the-salesman, General Mills debuted the recipe with the moniker, “The first really new cake in 100 years.”

The cake was a multilayered success. As a Los Angeles-based chef, Mr. Baker’s chiffon cake was a favorite for Hollywood actors. Gossip columnist Louella Parsons assuaged fears of weight gain by telling readers to ask the chef to add grapefruit “because everyone knows it’s slimming.” Internationally, chiffon cake has been a mainstay of Asian bakeries. Its versatility and not-too-sweet taste makes it an easy addition for many palettes. 

While exaggeration is to be expected, some claims are a bridge too far. In 2023, the Japan Patent Office (“JPO”) rejected a baker’s trademark application for “athlete Chiffon.” The JPO rejected the application because there was no difference between “athlete Chiffon” and regular chiffon cake and that the “athlete” portion would mislead consumers. After several appeals, the matter came before the Japanese IP High Court who affirmed the JPO’s denial. It held that terms such as “athlete cake” or “athlete pancakes” are commonly used to indicate special goods and services for athletes. As such, the Court believed that relevant consumers would be misled to believe “athlete Chiffon” had special qualities that it lacked.

As its history shows, chiffon cake has always been served with a generous helping of salesmanship. While pedantic lawyers may try their darndest to hem in puffery with truth, a good story always sells. Hopefully, this Thanksgiving provided you all with another great chapter in your storied end-of-year memories. Happy Holidays.

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Alex Mostaghimi is a third-year student at BC Law. Contact him at mostagha@bc.edu.