Pumpkin Spice Recipe Case May Signal the End of Big Pumpkin
Pumpkin is a significant ingredient in the flavor of the Fall season. Pumpkin growers, processors, food makers, and large coffee sellers, known together as “Big Pumpkin”, have exerted control over the season through significant use of pumpkin and pumpkin pie spice during the season. Pumpkin pie spice specifically stands out. First, there is no pumpkin in pumpkin pie spice, which is traditionally used to add flavor to pumpkin pies. However, pumpkin pie spice, or just pumpkin spice, is also the primary ingredient of many food products and coffee drinks during the Fall. For the past sixteen years, the Pumpkin Industry has experienced rapid growth, higher sales, and record profits leaving many industry analysts to wonder how much Big Pumpkin can continue to grow. Unfortunately, a recent court case may break the stranglehold Big Pumpkin has. The dispute is over the recipe for pumpkin pie spice. While Big Pumpkin, represented by the Association of Pumpkin Products Purveyors, claims that the recipe for pumpkin pie spice is a trade secret, Pies Unlimited, a small bakery in Spokane, Washington, submitted evidence in the case that the original recipe was published in a cookbook back in 1796, thus invalidating trade secret protections. If the bakery wins the case, then any baker could create the spice independently and not have to purchase it from Big Pumpkin at inflated prices. Other spice competitors could create their versions of pumpkin pie spice without having to pay Big Pumpkin licensing fees, sign non-disclosure agreements, or hand over royalties. The ruling is expected in January, allowing Big Pumpkin to perhaps savor its final year of higher profits. Other cases and investigations against Big Pumpkin are still underway. The Federal Trade Commission is close to filing its landmark antitrust case in Federal Court.