Unfair and Deceptive Trade Practices

Richard Olney’s The French Menu Cookbook (1970) and Simple French Food (1974) profoundly shaped American food trends in the 20th century—mostly behind the scenes. They inspired Alice Waters as she launched Chez Panisse, igniting a fresh California cuisine revolution. She, James Beard and Julia Child would all make regular pilgrimages to Olney’s hermitage dwelling in Provence to dine with this genius of the palate.

Success spawns copycats. The culprit here is Richard Nelson’s American Cooking (1983). It is filled with recipes copied verbatim from Simple French Food (and other cookbooks). When food journalists uncovered Nelson’s pilfering, a plagiarism firestorm ensued. But did his blatant recipe copying violate U.S. copyright laws? The answer is nuanced.

Careless recipe gathering derailed Nelson’s once promising career. This post examines the merits of a copyright lawsuit Olney filed to protect his professional reputation.

Continue Reading The Recipe Copyright Title Bout of the 20th Century: Olney vs. Nelson vs. Beard

Truffles mushrooms reside in a Holy Grail land of taste preference. They call to mind ancient French banquet meals and rural truffle hunters and their dogs. Scarce and expensive, the truffle industry satisfies market demand by bottling their musky scent in so-called truffle oils.

The Pacific Northwest is an unsung truffle backwater—when compared to the famous truffle growing regions of Périgord, France and Alba, Italy. Most residents never see, smell nor taste our region’s outstanding earthy delicacy, the Oregon black truffle. Lately though, I’ve binged on them, developing a classic neuropsychological food craving.

Why are truffles such high-end luxury goods and how do they induce food cravings? This post confronts these basic questions. Along the way, it offers some practical advice for home cooks preparing truffles for the first time.

Continue Reading On Oregon Black Truffles, Scent Marketing and Neuropsychological Food Cravings

Scent marketing is as old as a realtor baking cookies in a house up for sale and as new as Oscar Mayer’s “bacon” alarm clock.  Harnessing the primal power of smell represents a final frontier of subliminal advertising.

Appealing to our sense of smell excites marketers precisely because smells trigger an immediate emotional response by a consumer—rather than a thoughtful one.  “With all other senses, you think before you respond, but with scent, your brain responds before you think,” per Pam Scholder Ellen, a Georgia State University marketing professor.

The phrase scent marketing is defined as using scents “to set a mood, promote products or position a brand.”[1]  While scents most often are primary product attributes (e.g., perfumes and deodorizers) or secondary product attributes (e.g., the smell of Ivory soap or Play-Doh), the use of ambient scent marketing is growing fast.  Airlines, hotels, retail stores, and casinos are increasingly injecting scents—sensory signatures—into the environment’s atmospherics, believing this will enhance the customers’ mood, translating into more favorable evaluations and higher sales.[2]

Because scents invade our space simply as a function of our breathing, consumers cannot easily escape ambient scent marketing. We can more readily control or avoid looking at or hearing marketing messages.  In this regard, scent marketing undercuts a consumer’s “perceptual” defenses.  In further contrast to scent marketing, sights and sounds are processed by more analytical parts of our brains; whereas olfaction is “our phylogenetically oldest and most primitive sense.”[3]

A consumer’s inability to avoid or discern ambient scent marketing or process it intellectually raises a novel legal issue: when does foisting ambient scents on consumers become a deceptive trade practice?  Continue Reading Not-So-Sweet Smell of Success: When Does Ambient Scent Marketing Become a Deceptive Trade Practice?