English Muffin Bakery Sues to Protect 'Nooks and Crannies' in Secret Recipe

Thomas' English Muffin maker fears former executive could leak trade secrets.

ByABC News
June 14, 2010, 2:25 PM

June 14, 2010— -- An English muffin may be mostly flour, yeast and milk baked on a hot griddle, but the owners of Thomas' English Muffin bakery are afraid of getting burned by an ex-employee who could leak their recipe to an arch rival.

Chris Botticella, a longtime executive at the famous English muffin company, recently took a job at competitor Hostess, the creator of Twinkies, Hohos and Ding Dongs. Boticella's former bosses want to scorch the move, fearing that he's taking their recipe and other trade secrets with him. They've filed suit to try and prevent him from accepting the job.

"Botticella could produce an English muffin that might look a bit different, but that would nevertheless possess the distinctive taste, texture and flavor character that distinguish the Thomas' English Muffin and that have been the foundation of the product's success," argued lawyers for the bakery owners, Mexican food giant Bimbo, in a brief filed with the U.S. Circuit Court of Appeals for the Third Circuit.

Thomas' lawyers claim that Botticella not only knew the recipe, he copied work-related files in his final days on the job, charges he denies.

The muffins at stake are big business, accounting for some $500 million in annual sales, the company says. They were first created by Englishman Samuel Bath Thomas, who immigrated to New York in the late 19th century and opened a bakery. Thomas' recipe bakes in "nooks and crannies" that makes their muffin different from other breakfast breads, the company boasts.

Only 7 executives, including Botticello, were entrusted with the complete recipe, including details on the quantity of dough, baking methods, and even the right balance of moisture to crunch. All were compelled to protect it by a confidentiality agreement.