The decedents of "Aunt Jemima," the woman who lends her image to the famed syrup and other food items, claim they are entitled to the billions made off her likeness for over half a century, which the real Jemima was never paid for, according to a class action lawsuit obtained by the Chicago Tribune.
Aunt Jemima's image was based off a real woman named Anna Short Harrington, who worked for the Quaker Oat company and died in 1955.
But though the company used her likeness and her original recipes for its pancake mixes, Harrington never received any royalties from the sales, her great grandson D.W. Hunter claims in the lawsuit. Harrington's heirs also never received a share of the profits.
Hunter is seeking $2 billion plus punitive damages in the lawsuit filed against PepsiCo Inc., its subsidiary Quaker Oats Co., Pinnacle Foods and Hillshire Brands Co.
Hunter also claims the companies lied about Harrington's employee status, claiming they could not locate any records of her actually working for them. Yet the companies registered Harrington's image with the U.S. Patent and Trademark Office in 1937, according to the lawsuit obtained by the Tribune.
Harrington was reportedly selected to become the new face of Aunt Jemima, which already existed since the late 19th century, because the company used her pancake recipe for mass production. Harrington's lack of education was also allegedly used to persuade her not to obtain a lawyer, according to the suit.
A "racial element" was behind the exploitation of all of the Aunt Jemima women, the lawsuit claims while accusing Quaker Oats of stealing 64 formulas and 22 menus that Harrington created, the newspaper reported.
It wasn't until 2013 when Harrington's heirs learned that Quaker Oats trademarked her image decades ago, which led to them filing the lawsuit.
Quaker Oats said it does not think there is merit to the suit.
"People associate The Aunt Jemima Brand with warmth, hospitality and comport, and we stand by this heritage as well as the ways in which we do business," the company said according to the Tribune.