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Whose Recipes are they Anyway?

Did you know that recipes are not copyrightable?  It is very challenging to copyright a recipe.  That said, I have found that 99.99% of food bloggers and others in the industry give credit where it is due.  On that note, I especially enjoy Lillian’s interpretation of my recipes via video on her site Lillian’s Test Kitchen.  And kudos go to all the other bloggers out there doing what Lillian does day in and day out.

Unfortunately, sometimes things can go awry when it comes to recipe usage.  And here’s an example of that.  A couple of months ago, I received a comment from one of my readers regarding a recipe for gluten free pancakes on my website.

Oh, one odd thing… I used a brand of almond flour that I found at a local health food store called Dowd & Rogers and they had the exact same pancake recipe printed on the back of the bag. The only difference is that they said to mix in a blender (instead of saying the Vitamix brand). Not sure if it means anything but thought Elana may want to know…

That was a message from katie h, one of my readers, and I didn’t take it too seriously.  However, weeks later, when I compared the two recipes I could see right away what she was talking about.

Elana’s Gluten Free Flapjacks Recipe *print
2 eggs
¼ cup agave nectar
1 tablespoon vanilla extract
½ cup water
1 ½ cups blanched almond flour
½ teaspoon celtic sea salt
½ teaspoon baking soda
grapeseed oil for sauteing

  1. In a vitamix, combine eggs, agave, vanilla and water and blend on high until smooth
  2. Add almond flour, salt and baking soda and blend again to incorporate dry ingredients into batter
  3. Warm grapeseed oil in a large skillet over medium heat
  4. Pour pancake batter onto skillet
  5. Pancakes will form little bubbles, when bubbles open, flip pancakes over and cook other side
  6. Remove from heat to a plate
  7. Repeat process with remaining batter, adding more oil to skillet as needed

* The funniest part of all this is that this isn’t my best pancake recipe


So, I contacted the parent company, the Neutraceutical Corporation of Dowd & Rogers and this is what I was told:

The law regarding copyrightability of food recipes is very clear: recipes are not copyrightable… In short, your letter alleging copyright protection in a recipe is completely meritless.

This legalese seems to be saying that Dowd & Rogers and their parent company the Neutraceutical Corporation can use as many of my (and your) recipes as they like to sell their products.   And that they do not need to give any of us credit.

I have more than 350 recipes on this site and after receiving a letter such as the above start to wonder which one Dowd & Rogers will help themselves to next.

I’m not a lawyer, however, something seems amiss here.  Wonder if any of you have run into this as well.


posted on March 26, 2010, 95 comments

  1. Christie {Honoring Health} @ honormyhealth.com

    I wish I knew what to say other than I am sorry this has happened. I always do my best to give credit where credit is due and think the response from the company was mighty rude.

  2. Yes, being a blogger myself, I like to give credit where credit is due, even though, they are correct, you cannot copyright things like ‘code’ or individual ingredients in a recipe, but that doesn’t mean that someone won’t notice and then fighting for your credibility comes into play.

    Call it Karma, call it God’s vengeance, but I believe that they’ll get theirs in the end if people see enough of it.

    Now, once your book is published, can that be another thing altogether?

    Maybe you should ask your editor….

  3. That’s disappointing. I could see maybe there would be no merit if the creator of the recipe did not have a book. I think of it along the same lines as getting a recipe that’s passed down from a friend. But surely since you are published there is something that you can do about it. I hope that you can.

  4. Very rude indeed, “meritless.” These people have never heard of common courtesy. Recipes might not be copyrightable but YOUR text. We are not talking of using same ingredients then use your own words to re-write recipes, we are talking copying and pasting content! YUCK. Good thing I buy my almond flour from Honeyville, won’t give these people a penny.

  5. Lauren @ Healthy Delicious @ healthy-delicious.com

    It’s always been my understanding that the ingredient list isn’t copyright-able, but the direction are. They clearly stole your descriptions. I would contact a lawyer.

  6. Stacey

    That may be legal (ish) but it certainly doesn’t sound ethical. For the record, I share your recipes with other people but always put a link back to where I found it, even if I modified it to make it SCD. Shame on them.

  7. I never knew recipes weren’t copyrightable. Crazy! I always thought it was strange that so many bloggers post recipes from cook books without getting in trouble. I guess that’s why?

    I guess all you can do is what you just did, alert your readers to what you see, and we can decide for ourselves that we don’t want to support a company that steals! I certainly won’t.

    I try to be vigilant in giving credit where credit is due. On my blog I always link to the original recipe I’ve used, rather than posting it on my blog, since it’s not mine. If I alter it, I give credit to the original (including the link) and then post my version on my site. And I always re-write the instructions so they are in my words.

    There may not be laws protecting food blogs, but we can always strive to create our own good etiquette that is generally followed. :)

  8. Kelly Michelle

    wow a very rude response. I have often wondered about this due simply to the vast number of recipes that exist in books, magazines, the blog world, recipe databases, etc. While an obvious copy and paste is clearly unacceptable I wonder how you draw the line? Often popular recipes exist in a trillion and one almost identical forms and many get passed and tweaked so many times that who knows who actually started it! Not to mention the many times that I’ve thought I had a brilliant idea, created it, and then later come across something insanely similar. It’s a tough field to navigate but clearly to knowingly take a recipe is not give credit is inexcusable.

  9. Téo

    Hi Elana,

    Copyright is not the only way to protect your work. It is, and should be, quite a narrowly defined legal protection that only applies to certain kinds of works / products of labour. However, just because something you created (ie. a product of your labour)–like a recipe–is not copyrightable does not mean that anyone can pick it up and use it to their commercial ends. There is a whole body of tort law related to unfair business practices. Someone using something of yours for their commercial ends, especially if it negatively affects your ability to use it for your ends, is definitely the sort of situation this area of the law aims to rectify.

    That’s not to say that there’s necessarily something here, but their letter deeming your claim ‘meritless’ is definitely an extremely narrow reading of the situation (and, it sounds like, classic legal bullying).

    Best of luck,

    Téo

    PS. Love your site. It’s the first thing I turn to when I have a few minutes in front of my computer.

  10. Really? It’s a PANCAKE recipe. They’re all basically the same. I have a recipe that is the exact same (save for regular flour instead of almond). It’s hilarious that you’d think a corporation stole your recipe.

  11. Emily

    I am so glad you mentioned this. This is one of the reasons I stopped blogging. A recipe of mine was gaining some press, when, another individual (with quite the famous blog) stole my recipe, took new photos of her own and claimed it was hers featuring it on her blog. It became even more popular on her blog and was then printed in magazines as her recipe! I am all about sharing, don’t get me wrong (or I wouldn’t write/read blogs) but giving credit where credit is due, is an absolute must! It was so frustrating to see recipe, after recipe, stolen. I have discussed this with fellow bloggers and they have had the same issues. It is unfortunately, very common.
    In any case, so sorry you have fallen victim to this as well and I highly doubt this is the first recipe of yours that someone has swiped. Wish we could do something about this!!!!

  12. LinearChaos @ theroguecookie.com

    Wow, this is quite an eye opener. I had no idea a recipe wasn’t copy-writable. That’s such a bummer.

    This makes me want to be even more diligent about giving credit and linking back to the original recipe creator at my blog.

    Sorry Elana.

  13. Wow, that is too close to be from anywhere else. Yeah my understanding was that as long as the directions are rewritten (directions are a form of literary expression), there is nothing illegal about using someone else’s recipe as ingredients are not copyrightable. Either way, that was a pretty poor response from the company. Their less than awesome ethics about attribution and poor response to your inquiry are enough to make me never spend my money on their products.

  14. deonva

    copyright.gov says this about copyrighting recipes, “Mere listings of ingredients as in recipes, formulas, compounds, or prescriptions are not subject to copyright protection. However, when a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.” http://www.copyright.gov/fls/fl122.html

  15. Rikki

    Elana, I hope this does not result in you taking your recipes off your website. I love your recipes. Your apart of one to two meals a week in my home and I don’t want that to change. I use the internet for almost all my recipes. I am surprised there is no protection for those that have such an amazing gift to create recipes.

  16. Bryan

    Below is an excerpt from the US Copyright Website. It appears that under some situation it IS in fact possible to copyright a recipe (as long as it meets their requirements, which requires further inquiry).

    It clearly states that a simple list of ingredients is not copyrightable, but in conjunction with the instructions…maybe?

    Perhaps the simple change of the word to “blender” is enough to thwart legal action in this case (as it is not verbatim), but something definitely worth looking into in more detail.

    “Mere listings of ingredients as in recipes, formulas, compounds, or prescriptions are not subject to copyright protection. However, when a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.

    Protection under the copyright law (title 17 of the U.S. Code, section 102) extends only to “original works of authorship” that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.”

    http://www.copyright.gov/fls/fl122.html

  17. There are a few issues here, the first is that you cannot copyright an ingredients list which is correct, the second is that your description can fall under copyright protection, however if the wording is only changed a little bit (like subbing in blender for Vita-Mix) it is no longer the same, and therefore they can use that.

    Personally I don’t have an issue with this at all. I put my recipes up because whether or not someone uses one of “my” recipes off my blog or out of a book that I write, they are still using it.

    It is pretty much impossible to prove you were the first person in existence to ever come up with any recipe that is on your blog or in your cookbook (and that goes for anyone who “comes up with” recipes). Chances are good it has been done before. I don’t mean for that to sound harsh even though I know it does. And even if you were the first ever to put those ingredients together, the ingredient list still cannot be protected.

    I have a recipe that I use for a cafe I work in. I developed it myself after mixing together other ideas. I never blogged the recipe. Then a few weeks ago I see a blogger with almost the exact same recipe on her blog. We never discussed anything about it when we were coming up with our recipes, and yet the final result was that we both use the same recipe for something. That is just how it works.

  18. Ali

    It clearly states at the bottom of your page that credit must be given for use of your recipes and also states that the recipes may not be used for commercial purposes. Sounds to me like that gives you many rights! What they did seems blatantly wrong to me.

  19. charlotte

    I don’t mean to be skeptical, but I have to ask where you came up with your own pancake recipe. Did you make it up or did you get it from somewhere else? It does seem to be on the basic side, but the similarity is quite noteworthy. I don’t know the laws, but if they did use this recipe from your website, they should have accredited it to you. Afterall, most of your recipes involve almond flour, and that is what they are selling! I hope it all works out in your favor!

  20. Hannah Handpainted @ HannahHandpainted.com

    This is evil, pure and simple.

    I am boycotting Dowd & Roger’s products unless they recant this comment.

  21. I think that really the comany loses by not giving you credit. If you were credited, and someone bought your cookbook as a result (I’ve done that before)they would likely buy more of the product to use with your cookbook. I don’t publish your recipes, but I do give you lots of credit when people taste the wonderful recipes I make from your book! Thanks for all you do.

  22. Theresa

    Elana,

    What loss would it be to them to give credit to you? Imagine receiving that response back. Doesn’t bode well for the company; you have an incredible dedicated following that is now aware of how this company responded to you. Wonder how many will purchase or continue to purchase their flour? Hmmmm….

  23. Wow…..that’s incredible that they did that…worse was their response to you. You’ve got a great site with great recipes and I hope this won’t prevent you from putting your recipes online. I don’t have enough experience that anyone would take my recipes, I’m sure….here’s a link to an interesting article I read on this very topic:

    http://foodblogalliance.com/2009/04/recipe-attribution.php

  24. Michele | aka Raw Juice Girl @ healingwithjuices.com

    Wow, this is terrible – and it’s a hot topic. My friend, Averie, just blogged about this very thing:

    http://www.loveveggiesandyoga.com/2010/03/snacks-clothes-hot-topic-friday.html

    So sorry this happened to you! It’s definitely wrong. :-(

    Hugs,
    Michele

  25. Elana, I’m a huge fan of your site/book. I love the way you’ve created recipes that WORK! I personally am always careful to give credit where it’s due. I’ve also had 2 relatives buy your book thanks to the delicious food I’ve created :)
    It’s too bad about this response. I have bought products from this company quite frequently, and really like it. I think they could have dealt with this more tactfully. I don’t think it will prevent me from buying their products in the future, but I would hope that they’d be willing to fess up to what they did.

  26. Cooking With Dia @ cookingwithdia.com

    I just wrote out a very long comment, and it somehow disappeared. The main thing I said was, this has happened to me. A very popular UK magazine copied my recipes almost word for word, but because they changed “chili pepper” to “hot pepper” the copyright law does not apply.

    To me, this demoralizes writing. A lot of thought does go into writing a recipe for those with dietary restrictions, believe it or not, and to have someone cut and paste it on another blog or magazine and even worse on the back of a food product, is a disgrace. I know why they don’t give credit, it is embarrassing to them that they couldn’t think of the recipe themselves! Hang in there, and I hope you can sort it!

  27. Kailey & Sam

    Hey Elana,

    Firstly, this is complete and utter…well…fill in the blank. This really angers me because this recipe is your language that you use in every single recipe you post on here, and they would have had more of a technical corporate way of saying it. Anyways, I got my boyfriend in on the news, and he is just as upset because we both love your site, and we spent some time researching about copyrighting recipes, and items you post online. Here’s what he came up with: http://www.copyright.gov/fls/fl122.html

    From the way it reads typically the INGREDIENTS in a recipe aren’t copyrightable, but when instructions are added then the combination of the two makes them able for copyrighting. SO if this is helpful and you can prove you posted this recipe with your own words before the company ever printed that recipe on their product, then maybe a lawyer could help prove a case.

    Either way this is wrong in so many ways in my opinion, because if you took their recipe and changed only a few words, and didn’t give them credit (making it seem as if it was your recipe) I could see them being upset and angry, and possibly saying they’d take action if you didn’t give them credit. @@

    On another note, this recipe looks GREAT!! And I’m really excited to try it out!! :)

    I get that it’s hard to do (copyrighting things like recipes), but hopefully in the future people will be able to have ownership over their items, and be able to have protection against larger companies.

    Keep doing what you’re doing…we all LOVE your site!!

  28. My experience with a Texas grocery chain was much better than that. They were very professional and I received a check before their monthly publication even went to press. Your readers greatly appreciate the total package of what you share here on this blog; recipes, tips, and encouragement. That response from the Neutraceutical Corporation was sleazy.

  29. Cathy

    I just wanted to say thank you for all you do. Being confused with multiple food sensitivities and hungry…I look for simple recipes with few ingredients and yours are always so good and easier then most.
    My hat is off to you and I really hope you keep posting them on your website.

    What goes around,comes around…

  30. Heidi

    How about we just not buy their product then hmmm? Sounds like a plan.

  31. eileen

    I am shocked to hear this and sorry that it has happened – especially as I’m about to make two of your recipes from the Almond Flour cookbook that I LOVE.

    I am going to write to Dowd & Rogers to express my disappointment. Perhaps if everyone took a moment to share their thoughts with the company, they may find a way to rectify the situation to everyone’s satisfaction. info@dowdandrogers.com

    Elana, you have offered us your best and have helped more people than you will ever know – only good can come from this! Keep going!!

  32. Dianne

    It’s so crazy! Elana, I love your recipes! What would make you happy? Boycott, letter-writing campaign? A massive uprising of enraged cooks of online recipes? I’m willing.

  33. Kimikins @ doterrascents.com

    Legal and ethical sometimes are not the same. I agree with the person earlier about karma. I also agree that I will immediately boycott their products, will share this information with others about this rude response and will suggest that store owners not carry their products.

    You have a wonderful site with great recipes. I received your book as a Christmas gift and use it all the time. LOVE the almond flour from Honeyville. Keep up the great experiments with the kids. You will just have to take the high road on this one and keep on with the good work.

  34. Tina Marie Williams @ GlutenFreeTina.com

    This very thing woke me last night. Ever since I came on the scene last summer, another blogger began calling herself Gluten-Free Tina. I just want to yell, “FOUL PLAY!”.

    On another note, my son and I love your site. We printed off your Peppermint Patties and the Nut Butter Cup recipes. We can’t decide which one to make first!

    Keep up the great work!

    Tina

  35. Karen

    I belong to a beading chat group (or two…) and we have had similar discussions because someone there took a recipe I developed and shared it freely. This person is rabid about her copyrights on her bead designs. I always supported her right to receive credit where due…but when I called her on my recipe, she informed me that it was ‘different’. That sparked quite an intense debate on the board and left some leaving bruised and bloody (me). While your ingredient list cannot be copyrighted, the directions and ‘how to’ is protected under US copyright law. If you know good attorney, you might have them draft a letter… Plus, you know, none of us will be purchasing any of their products. They are clearly morally and ethically corrupt as a company. Who wants to bring that energy into their home?

    Let us know if there is anything we can do to assist you in this. You clearly have a lot of support here. We not only appreciate the recipes you so freely share, we appreciate all you share in expertise and experience and who you are. So, just let us know how to help…..

  36. Ruth

    When we did a church cookbook, our librarian, who is VERY particular, said that the list of ingredients is not copyrightable, but the description of what to do with the ingredients is. So, in my highly non-expert opinion, they did not break copyright law by printing your list of ingredients, but they did cross the line by copying nearly verbatim your description of what to do with the ingredients.

    Just my two cents.

    Sorry this happened to you.

  37. Anna

    Hello from Canada Elana! Yes, it’s a total bummer, but maybe also a compliment? My husband owns a restaurant and we run it together, people always stealing menus and taking pictures of the layout and decor, you almost have to desensitize yourself to the fact that people will always try to gain success by riding on your coat-tails (sp?). This should not deter you however, dear Elana, you and your faithful followers know how hard you work to develop these recipes for us, a labor of love, a selfless act, most appreciated as you can tell from the support flowing in. Hold your head high and know that you are doing good for so many, the few that take advantage will fade in comparison. PS, I would also pay a monthly fee to have access to your blog, and I’m sure others would as well. The information you give is definitely worth it!

  38. Janet (Pantry Bites) @ pantrybites.com

    Great post Elana. Although recipes are not protected by copyright laws, I would say that you definitely have your unique way of cooking that would at least make me recognize one of your recipes whether it is credited to you or not.

  39. Lillian Medville @ LilliansTestKitchen.com

    Elana, thank you so much for the shout out!! I am (obviously) a huge fan of yours and I am so very flattered and gratified to know that you like what I’m doing. :)

  40. Averie (LoveVeggiesAndYoga) @ loveveggiesandyoga.com

    OMG I just posted a blog post so eerily similar to what you posted. I was saving my thoughts for Friday, b/c on my blog, it’s Hot Topic Friday. It’s about crediting and linking back recipes in the sphere. I gave my full on thoughts there. Some of my readers told me you posted something to this effect today. I am so sorry this happened to you and that there is indeed a difference in ethics vs. law. I err on the side of ethics when the law would allow me to do much more. Not only in recipes, but in life.

    here is my post on the topic, it’s at the bottom of my blog entry if you care to read it
    http://www.loveveggiesandyoga.com/2010/03/snacks-clothes-hot-topic-friday.html

  41. Tracey

    no wonder some people are so protective of family recipes. I always share, but you don’t steal from others. The greed of some people and cooperation never ceases to amaze me. Since they are a cooperation if someone took this and re branded the recipe as theirs I bet they’ll be some serious repercussions for that person. Why not the same for you? Sorry this happened to Elana.

    Also had no idea you could make pancakes gluten free, so cool honey!!!! I’m brand new to your site and just starting this new way to eat, so I’m happy to be here and know ya = )

  42. Ellie Snyder

    I have just send an email to the address given in the comments: info@dowdandrogers.com.

    I allowed they were probably right but that their rudeness was going to cost them.

    I think a bunch of folks can take this easy way to register your disgust.

    Aloha,
    Ellie

  43. JT

    Awww…that stinks!! Thanks for all your recipes Elana, they are truly wonderful!! This will be the push I needed to order your cookbook (I have been meaning to for a while now but SHEESH, you need to be compensated somehow for all the hard work you do!!) Love love love your blog!

  44. Diana D.

    I’ve been reading, with interest, about the composition of a recipe. Although I don’t know if you can copyright a recipe, you can register a patent for one. Here’s a little bit of an example:

    Patent application title: COMPOSITIONS AND RECIPES FOR GLUTEN-FREE BAKED PRODUCTS
    Inventors: XXXX
    Agents: XXXX
    Assignees: XXXX
    Origin: SANTA MONICA, CA US
    IPC8 Class: XXXX

    Abstract:
    Gluten-free vegan mixtures, compositions and recipes for baked goods with improved qualities including, but not limited to, taste, texture consistency and nutritional value. In one embodiment, a recipe for preparing a dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda and 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root.

    Claims:
    1. A dry mix for gluten-free baked goods comprising:a. approximately 1/2 part rice flour;b. approximately 1/4 part bean flour;c. approximately 1/8 part tapioca starch;d. approximately 1/8 part corn starch;e. approximately 1/100 part baking powder;f. approximately 3/500 part baking soda; andg. approximately 1/58 part any combination guar, xanthan, locust bean gums and/or locust root.

    2. The recipe of claim 1 further comprising approximately 1/9 part cocoa powder to make chocolate dry mix.

    3. The recipe of claim 1 further comprising approximately 1/11 part dark cocoa powder to make chocolate dry mix.

    4. The recipe of claim 1 further comprising approximately 3/7 part margarine to make scone dry base mix.

    5. The recipe of claim 1 further comprising approximately 3/14 part sugar to make scone dry base mix:

    6. The recipe of claim 1 further comprising approximately 1/11 part pecan and/or flax meal to make scone dry base mix.

    7. A recipe for preparing high-quality dry mix for gluten-free white bread, the recipe comprising:a. approximately 31/100 part rice flour;b. approximately 16/100 part bean flour;c. approximately 7.5/100 part tapioca starch;d. approximately 7.5/100 part corn starch;e. approximately 3/500 part baking powder;f. approximately 4/1000 part baking soda;g. approximately 1/58 part any combination guar, xanthan, locust bean gums and/or locust root;h. approximately 36/100 part tapioca flour;i. approximately 1/100 part potato flour and/or potato starch; andj. approximately 4/100 part olive oil.

    8. A recipe for preparing dry mix for dark gluten-free bread, the recipe comprising:a. approximately 29/100 part rice flour;b. approximately 15/100 part bean flour;c. approximately 7/100 part tapioca starch;d. approximately 7/100 part corn starch;e. approximately 3/500 part baking powder;g. approximately 1/250 part baking soda;h. approximately 1/58 part any combination of guar, xanthan, locust bean gums and locust root;i. approximately 7/250 part flaxmeal;j. approximately 7/125 part stabilized rice bran;k. approximately 1/10 part sorghum flour;l. approximately 23/1000 part hemp seeds;m. approximately 3/250 part buckwheat groats;n. approximately 9/1000 part yeast;o. approximately 12/100 part sucanot;p. approximately 7/500 part sugar; andq. approximately 7/500 part agave nectar.

    9. The recipe of claim 8 further comprising approximately 17/1000 part noni fruit.

    10. A dry mix for light gluten-free bread, the dry mix comprising:a. approximately 31/100 part rice flour;b. approximately 31/200 part bean flour;c. approximately 3/40 part tapioca starch;d. approximately 3/40 part corn starch;e. approximately 3/500 part baking powder;g. approximately 1/250 part baking soda;h. approximately 1/58 part any combination of guar, xanthan, locust bean gums and locust root;i. approximately 3/100 part flaxmeal;j. approximately 5/100 part brown rice powder;k. approximately 21/200 part sorghum flour;l. approximately 1/40 part hemp seeds;m. approximately 6/500 part buckwheat groats;n. approximately 9/1000 part yeast;o. approximately 3/40 part flaxseed;p. approximately 3/200 part sugar; andq. approximately 37/1000 part palm shortening.

    11. A wet mix for gluten-free baked goods comprising:a. approximately 62/100 part soy, hemp, potato and/or almond milk;b. approximately 31/100 part rice milk or water;c. approximately 33/500 part oil; andd. approximately 1/100 soy lecithin.
    Description:
    BACKGROUND

    Field

    [0001]The present invention generally pertains to gluten-free, egg-free, dairy free (vegan) dry and wet mixtures used in cooking and more particularly, to compositions gluten-free, egg-free, dairy free (vegan) mixtures and composition used in baked goods to provide baked goods with exceptional taste, texture and nutritional content.

    [0002]The growing numbers of people with celiac disease, wheat intolerance, lactose intolerance, food allergies, autism, diabetes, obesity and vegan or vegetarian life style choices have grown. Celiac disease is common: affecting an average of 1 in 133 Americans and up to 1 in 7 for those associated with risk factors. Celiac disease is often misdiagnosed as Irritable Bowel Syndrome (IBS) or lactose intolerance and up to 1/3 of Celiac Disease patients have been previously diagnosed with IBS. With the emergence of a popular food consciousness in recent years has come something of a diner consciousness: can Billy eat that cupcake? Increasingly, he can’t, and shouldn’t. Obesity in children and teenagers is also at epidemic levels. Hysteria aside, this much is true: the number of food-allergy sufferers in America has risen from 7 million to 12 million over the last five years, according to the nonprofit Food Allergy Initiative. Researchers at the Mount Sinai School of Medicine found that in 1997 1 in 250 preschoolers suffered from peanut allergy–the most dangerous variety; five years later, that number has jumped to 1 in 125. Accordingly, food allergies and safety is a growing concern affecting more and more Americans every day.

    [0003]Symptoms of celiac disease may include one or more of the following: recurring abdominal bloating and pain, chronic diarrhea, weight loss, pale, foul-smelling stool, unexplained anemia (low count of red blood cells), gas, bone pain, behavior changes, muscle cramps, fatigue, delayed growth, failure to thrive in infants, pain in the joints, seizures, tingling numbness in the legs (from nerve damage), pale sores inside the mouth, called aphthus ulcers, painful skin rash, called dermatitis herpetiformis, tooth discoloration or loss of enamel, missed menstrual periods (often because of excessive weight loss). Anemia, delayed growth, and weight loss are signs of malnutrition–not getting enough nutrients. Malnutrition is a serious problem for anyone, but particularly for children because adequate nutrition is necessary for proper development in a growing child.

    [0004]Egg Allergy Information

    [0005]When a person is allergic to eggs, one of the things that occur is the body’s immune system overreacts to proteins in the egg. Every time something made with eggs enters the digestive system of a person with an egg allergy, the body thinks that these proteins are harmful invaders. So when a person with an egg allergy eats a food that contains eggs, the immune system unleashes an immune response to protect the body. The release of these chemicals can affect the respiratory system, gastrointestinal tract, skin, and the cardiovascular system–causing allergy symptoms like wheezing, nausea, headache, stomachache, and itchy hives.

    [0006]Gluten based traditional baked goods always contain wheat-based flour combinations, (whole-wheat flour, malted barley flour, rye flour, etc.) and are held together with eggs and dairy products. These products can be mass-produced inexpensively and are readily available. But people with celiac or food allergies often have negative reaction to products containing gluten.

    [0007]Gluten-free baked goods always contain non-gluten containing flour, like rice and/or tapioca; these recipes also almost always contain eggs, and milk products to create a product that usually ends up lacking in flavor and texture. Accordingly, there exists a need for agreeable and even delicious foods that do not contain wheat, gluten, rye, oats, barley, spelt, tritical, or egg dairy, butter, hydrogenated oils, processed sugars, or other ingredients to which many people are allergic and affect those with celiac disease.

    [0008]Subsequently, gluten-free vegan dry and wet mixture recipes and compositions, which can be used in all foods, are needed, especially for baked goods, to create wholesome food with superior taste, texture, and high nutritional content. The present invention provides these and other related advantages.

    SUMMARY

    [0009]Methods and related compositions are provided for providing dry and wet mixtures and compositions for all foods, including baked products, which result in gluten-free vegan foods having improved taste, texture, consistency and nutritional value.

    [0010]In one embodiment of the present invention, a recipe for preparing a dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda and 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root.

    [0011]In an aspect of at least one embodiment of the present invention, approximately 3/7 part margarine is added to the dry mix to make a scone dry mix.

    [0012]In another aspect of the present invention, approximately 3/14 part sugar is added to the dry mix to make a scone dry mix.

    [0013]In yet another aspect of at least one embodiment of the present invention, approximately 1/11 part pecan and/or flax meal is added to the dry mix to make a scone dry mix.

    [0014]In another embodiment of the present invention, a recipe for preparing chocolate dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda, 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root and 1/9 part cocoa powder.

    [0015]In yet another embodiment of the present invention, a recipe for preparing chocolate dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda, 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root and 1/11 part dark cocoa powder.

    [0016]In yet another embodiment of the present invention, a recipe for preparing a dry mix for gluten-free white bread is provided. The recipe is comprised of approximately 31/100 part rice flour, approximately 16/100 part bean flour, approximately 7.5/100 part tapioca starch, approximately 7.5/100 part corn starch, approximately 3/500 part baking powder, approximately 4/1000 part baking soda, approximately 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root, approximately 36/100 part tapioca flour, approximately 1/100 part potato flour and/or potato starch and approximately 4/100 part olive oil.

    [0017]In yet another embodiment of the present invention, a recipe for preparing a dry mix for gluten-free dark bread is provided. The recipe is comprised of approximately 29/100 part rice flour, approximately 15/100 part bean flour, approximately 7/100 part tapioca starch, approximately 7/100 part corn starch, approximately 3/500 part baking powder, approximately 1/250 part baking soda, approximately 1/58 part any combination of guar, xanthan, locust bean gums and locust root, approximately 7/250 part flaxmeal, approximately 7/125 part stabilized rice bran, approximately 1/10 part sorghum flour, approximately 23/1000 part hemp seeds, approximately 3/250 part buckwheat groats, approximately 9/1000 part yeast, approximately 12/100 part sucanot, approximately 7/500 part sugar, approximately 7/500 part agave nectar.

    [0018]In another aspect of at least one embodiment of the present invention, approximately 17/1000 part noni fruit is added to the dark bread dry mix recipe above.

    [0019]In yet another embodiment of the present invention, a recipe for preparing a dry mix for gluten-free light bread is provided. The recipe is comprised of approximately 31/100 part rice flour, approximately 31/200 part bean flour, approximately 3/40 part tapioca starch, approximately 3/40 part corn starch, approximately 3/500 part baking powder, approximately 1/250 part baking soda, approximately 1/58 part any combination of guar, xanthan, locust bean gums and locust root, approximately 3/100 part flaxmeal, approximately 5/100 part brown rice powder, approximately 21/200 part sorghum flour, approximately 1/40 part hemp seeds, approximately 6/500 part buckwheat groats, approximately 9/1000 part yeast, approximately 3/40 part flaxseed, approximately 3/200 part sugar and approximately 37/1000 part palm shortening.

    [0020]In yet another embodiment of the present invention, a recipe for preparing a wet mix for gluten-free baked goods is provided. The recipe is comprised of approximately 62/100 part soy, hemp, potato and/or almond milk, approximately 31/100 part rice milk or water, approximately 33/500 part oil, and approximately 1/100 part soy lecithin.

    [0021]In yet another embodiment of the present invention, a recipe for preparing a dry base mixture for gluten-free baked goods is provided. The recipe is comprised of a mixture of any non-gluten containing flour from one or more rice or bean family (e.g., white rice, brown rice, pinto bean, navy bean, fava bean, garbonzo bean, black bean, kidney bean, black and/or white eyed peas, and/or lentil) and modified starch (e.g., tapioca, potato and/or Expandex) combined with cornstarch in approximately equal proportions to form a base dry mixture.

    [0022]In another aspect of at least one embodiment of the present invention, one or more of guar and/or xanthan (locust bean) gum, baking soda, salt and baking powder is added to the base dry mixture to improve taste and consistency.

    [0023]In another aspect of at least one embodiment of the present invention, a composition of one or more of soy, rice, hemp and/or almond milk, oil and soy lecithin is added to the dry base mixtures disclosed herein.

    [0024]In another embodiment of the present invention, a composition or mixture of guar gum, xanthan gum, non-gluten flour, oil, soy lecithin, vanilla extracts, soda, salt and baking powder is provided.

    [0025]In yet another embodiment of the present invention, a base dry mix is provided. The base dry mix is comprised of the following ingredients: approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanthan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda.

    [0026]In yet another embodiment of the present invention, a chocolate dry base mix is provided. The chocolate dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanthan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda, combined with approximately 3/4 cup dark cocoa and 11/2 cup cocoa.

    [0027]In yet another aspect of at least one embodiment of the present invention, the dark cocoa and cocoa of the chocolate dry mix is organic.

    [0028]In yet another embodiment of the present invention, a scone dry base mix is provided. The scone dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanthan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda, combined with approximately 4 cups margarine, 1/2 cup pecan meal and/or flaxmeal and 13/4 cup sugar.

    [0029]In yet another embodiment of the present invention, a scone dry base mix is provided. The scone dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda, combined with approximately 4 cups vegan butter or margarine-like spread (e.g., Earth Balance.RTM. vegan buttery spread), 1/2 cup organic pecan meal and/or flaxmeal, 13/4 cup organic evaporated cane juice and 13/4 cup organic maple sugar.

    [0030]In yet another embodiment of the present invention, a dry base mix is provided. The dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda combined with approximately 1 cup stabilized rice bran, 1/2 cup flaxmeal, 1/2 cup sorghum flour, 1/2 cup sucanot, 1/8 cup hemp seeds, 31/2 tablespoons palm shortening, 1/3 cup yeast, 1 tablespoon buckwheat groats, 1 tablespoon agave nectar, 1 tablespoon sugar, 1 tablespoon dried or liquid noni fruit and 1 tablespoon apple cider vinegar.

    [0031]In yet another aspect of at least one embodiment of the present invention, where applicable, organic ingredients are used and evaporated cane juice is used instead of sugar.

    [0032]In yet another embodiment of the present invention, a dry base mix is provided. The dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanthan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda combined with approximately 1 cup brown rice flour and 1 cup roasted salted golden flaxseeds.

    [0033]In yet another embodiment of the present invention, a crust (e.g., pizza crust) dry base mix is provided. The crust dry base mix is comprised of 11/2 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda combined with approximately 1/2 cup tapioca flour, 1/2 cup potato flour, 1/4 cup buckwheat groats, 1/4 cup potato starch and 3 tablespoons of olive oil.

    [0034]In yet another embodiment of the present invention, a base dry mix is provided. The base dry mix is comprised of approximately the following ingredients: 2 cups organic rice flour, 1 cup organic bean flour, 1/2 cup organic tapioca starch, 1/2 cup organic cornstarch, 31/2 teaspoons xanthan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon aluminum free baking powder and 1/4 teaspoon baking soda.

    [0035]In yet another embodiment of the present invention, a wet base mix is provided. The wet base mix is comprised of approximately 8 cups soy milk, 4 cups rice, hemp or almond milk, 4 cups water, 3 tablespoons soy lecithin, 3 tablespoons vanilla extract, 3 tablespoons maple extract, 2 tablespoons soy lecithin, 1 cup canola, vegetable, olive and/or grape seed oil.

    [0036]In yet another embodiment of the present invention, a wet base mix is provided. The wet base mix is comprised of approximately 8 cups organic soy milk, 4 cups organic vanilla rice, hemp or almond milk, 4 cups water, 1 cup raw whole almonds, 3 tablespoons soy lecithin, 6 tablespoons vanilla extract, 3 tablespoons soy lecithin, 1 cup canola, vegetable, extra virgin olive and/or grape seed oil.

    [0037]It should be appreciated that it is within the scope of the present invention to scale any of the proportions and/or amounts of the ingredients or recipes disclosed herein to produce the desired amount of baked goods.

    DETAILED DESCRIPTION

    [0038]A gluten-free baked good produced in accordance with the compositions, mixtures and recipes described and claimed herein provide better-tasting baked goods with a lighter and fluffier texture. When baked, the recipes, compositions and mixtures of the present invention result in gluten-free baked goods that will not only develop the desired consistency and appearance of a regular gluten or animal-product-containing baked goods, but the resulting baked good will have improved taste, texture and nutritional values when compared to all baked goods, gluten-free or otherwise.

    [0039]In one embodiment of the present invention, a recipe for preparing a dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda and 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root.

    [0040]In an aspect of at least one embodiment of the present invention, approximately 3/7 part margarine is added to the dry mix to make a scone dry mix.

    [0041]In another aspect of the present invention, approximately 3/14 part sugar is added to the dry mix to make a scone dry mix.

    [0042]In yet another aspect of at least one embodiment of the present invention, approximately 1/11 part pecan and/or flax meal is added to the dry mix to make a scone dry mix.

    [0043]In another embodiment of the present invention, a recipe for preparing chocolate dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda, 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root and 1/9 part cocoa powder.

    [0044]In yet another embodiment of the present invention, a recipe for preparing chocolate dry mix for gluten-free baked goods is provided. The recipe is comprised of approximately 1/2 part rice flour, 1/4 part bean flour, 1/8 part tapioca starch, 1/8 part corn starch, 1/100 part baking powder, 3/500 part baking soda, 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root and 1/11 part dark cocoa powder.

    [0045]In yet another embodiment of the present invention, a recipe for preparing a dry mix for gluten-free white bread is provided. The recipe is comprised of approximately 31/100 part rice flour, approximately 16/100 part bean flour, approximately 7.5/100 part tapioca starch, approximately 7.5/100 part corn starch, approximately 3/500 part baking powder, approximately 4/1000 part baking soda, approximately 1/58 part any combination of guar, xanthan, locust bean gums and/or locust root, approximately 36/100 part tapioca flour, approximately 1/100 part potato flour and/or potato starch and approximately 4/100 part olive oil.

    [0046]In yet another embodiment of the present invention, a recipe for preparing a dry mix for gluten-free dark bread is provided. The recipe is comprised of approximately 29/100 part rice flour, approximately 15/100 part bean flour, approximately 7/100 part tapioca starch, approximately 7/100 part corn starch, approximately 3/500 part baking powder, approximately 1/250 part baking soda, approximately 1/58 part any combination of guar, xanthan, locust bean gums and locust root, approximately 7/250 part flaxmeal, approximately 7/125 part stabilized rice bran, approximately 1/10 part sorghum flour, approximately 23/1000 part hemp seeds, approximately 3/250 part buckwheat groats, approximately 9/1000 part yeast, approximately 12/100 part sucanot, approximately 7/500 part sugar, approximately 7/500 part agave nectar.

    [0047]In another aspect of at least one embodiment of the present invention, approximately 17/1000 part noni fruit is added to the dark bread dry mix recipe above.

    [0048]In yet another embodiment of the present invention, a recipe for preparing a dry mix for gluten-free light bread is provided. The recipe is comprised of approximately 31/100 part rice flour, approximately 31/200 part bean flour, approximately 3/40 part tapioca starch, approximately 3/40 part corn starch, approximately 3/500 part baking powder, approximately 1/250 part baking soda, approximately 1/58 part any combination of guar, xanthan, locust bean gums and locust root, approximately 3/100 part flaxmeal, approximately 5/100 part brown rice powder, approximately 21/200 part sorghum flour, approximately 1/40 part hemp seeds, approximately 6/500 part buckwheat groats, approximately 9/1000 part yeast, approximately 3/40 part flaxseed, approximately 3/200 part sugar and approximately 37/1000 part palm shortening.

    [0049]In yet another embodiment of the present invention, a recipe for preparing a wet mix for gluten-free baked goods is provided. The recipe is comprised of approximately 62/100 part soy, hemp, potato and/or almond milk, approximately 31/100 part rice milk or water, approximately 33/500 part oil, and approximately 1/100 part soy lecithin.

    [0050]In yet another embodiment of the present invention, a recipe for preparing a dry base mixture for gluten-free baked goods is provided. The recipe is comprised of a mixture of any non-gluten containing flour from one or more rice or bean family (e.g., white rice, brown rice, pinto bean, navy bean, fava bean, garbonzo bean, black bean, kidney bean, black and/or white eyed peas, and/or lentil) and modified starch (e.g., tapioca, potato and/or Expandex) combined with cornstarch in approximately equal proportions to form a base dry mixture.

    [0051]In another aspect of at least one embodiment of the present invention, one or more of guar and/or xanthan (locust bean) gum, baking soda, salt and baking powder is added to the base dry mixture to improve taste and consistency.

    [0052]In another aspect of at least one embodiment of the present invention, a composition of one or more of soy, rice, hemp and/or almond milk, oil and soy lecithin is added to the dry base mixtures disclosed herein.

    [0053]In another embodiment of the present invention, a composition or mixture of guar gum, xanathan gum, non-gluten flour, oil, soy lecithin, vanilla extracts, soda, salt and baking powder is provided.

    [0054]In yet another embodiment of the present invention, a base dry mix is provided. The base dry mix is comprised of the following ingredients: approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda.

    [0055]In yet another embodiment of the present invention, a chocolate dry base mix is provided. The chocolate dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda, combined with approximately 3/4 cup dark cocoa and 11/2 cup cocoa.

    [0056]In yet another aspect of at least one embodiment of the present invention, the dark cocoa and cocoa of the chocolate dry mix is organic.

    [0057]In yet another embodiment of the present invention, a scone dry base mix is provided. The scone dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda, combined with approximately 4 cups margarine, 1/2 cup pecan meal and/or flaxmeal and 13/4 cup sugar.

    [0058]In yet another embodiment of the present invention, a scone dry base mix is provided. The scone dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda, combined with approximately 4 cups vegan butter or margarine-like spread (e.g., Earth Balance.RTM. vegan buttery spread), 1/2 cup organic pecan meal and/or flaxmeal, 13/4 cup organic evaporated cane juice and 13/4 cup organic maple sugar.

    [0059]In yet another embodiment of the present invention, a dry base mix is provided. The dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda combined with approximately 1 cup stabilized rice bran, 1/2 cup flaxmeal, 1/2 cup sorghum flour, 1/2 cup sucanot, 1/8 cup hemp seeds, 31/2 tablespoons palm shortening, 1/3 cup yeast, 1 tablespoon buckwheat groats, 1 tablespoon agave nectar, 1 tablespoon sugar, 1 tablespoon dried or liquid noni fruit and 1 tablespoon apple cider vinegar.

    [0060]In yet another aspect of at least one embodiment of the present invention, where applicable, organic ingredients are used and evaporated cane juice is used instead of sugar.

    [0061]In yet another embodiment of the present invention, a dry base mix is provided. The dry base mix is comprised of 4 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda combined with approximately 1 cup brown rice flour and 1 cup roasted salted golden flaxseeds.

    [0062]In yet another embodiment of the present invention, a crust (e.g., pizza crust) dry base mix is provided. The crust dry base mix is comprised of 11/2 cups from the composition of approximately 2 cups rice flour, 1 cup bean flour, 1/2 cup tapioca starch, 1/2 cup cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon baking powder and 1/4 teaspoon baking soda combined with approximately 1/2 cup tapioca flour, 1/2 cup potato flour, 1/4 cup buckwheat groats, 1/4 cup potato starch and 3 tablespoons of olive oil.

    [0063]In yet another embodiment of the present invention, a base dry mix is provided. The base dry mix is comprised of approximately the following ingredients: 2 cups organic rice flour, 1 cup organic bean flour, 1/2 cup organic tapioca starch, 1/2 cup organic cornstarch, 31/2 teaspoons xanathan gum, 21/2 teaspoons guar gum, 1/4 teaspoon salt, 1/2 teaspoon aluminum free baking powder and 1/4 teaspoon baking soda.

    [0064]In yet another embodiment of the present invention, a wet base mix is provided. The wet base mix is comprised of approximately 8 cups soy milk, 4 cups rice, hemp or almond milk, 4 cups water, 3 tablespoons soy lecithin, 3 tablespoons vanilla extract, 3 tablespoons maple extract, 2 tablespoons soy lecithin, 1 cup canola, vegetable, olive and/or grape seed oil.

    [0065]In yet another embodiment of the present invention, a wet base mix is provided. The wet base mix is comprised of approximately 8 cups organic soy milk, 4 cups organic vanilla rice, hemp or almond milk, 4 cups water, 1 cup raw whole almonds, 3 tablespoons soy lecithin, 6 tablespoons vanilla extract, 3 tablespoons soy lecithin, 1 cup canola, vegetable, extra virgin olive and/or grape seed oil.

    [0066]In yet another embodiment of the present invention, a dry mix is provided in accordance with the ingredients and approximate amounts listed in Table 1 below.

    TABLE-US-00001 TABLE 1 Ingredient Approximate Amount Rice flour 2 cups Bean Flour 1 cup Tapioca Starch 1/2 cup Cornstarch 1/2 cup Xanathan Gum 31/2 teaspoon (t) Guar Gum 21/2 t Salt 1/4 t Baking Powder 1/2 t Baking Soda 1/4 t

    [0067]In yet another embodiment of the present invention, a dry chocolate mix is provided in accordance with the ingredients and approximate amounts listed in Table 2 below.

    TABLE-US-00002 TABLE 2 Ingredient Approximate Amount Dry Base From Table 1 4 cups Dark Cocoa 3/4 cup Cocoa 11/2 cup

    [0068]In yet another embodiment of the present invention, a scone dry mix is provided in accordance with the ingredients and approximate amounts listed in Table 3 below.

    TABLE-US-00003 TABLE 3 Ingredient Approximate Amount Dry Base From Table 1 4 cups Margarine 4 cups Pecan Meal and/or Flaxmeal 1/2 cup Sugar 13/4 cup

    [0069]In yet another embodiment of the present invention, a dry mix is provided in accordance with the ingredients and approximate amounts listed in Table 4 below.

    TABLE-US-00004 TABLE 4 Ingredient Approximate Amount Dry Base From Table 1 4 cups Stabilized Rice Bran 1 cup Flaxmeal 1/2 cup Sorghum Flour 1/2 cup Sucanot 1/2 cup Hemp Seeds 1/8 cup Palm Shortening 31/2 teaspoons Yeast 1/3 cup Buckwheat Groats 1 tablespoon (Tbs) Agave Nectar 1 Tbs Sugar 1 Tbs Pure Noni Fruit (dried or liquid) 1 Tbs Apple Cider Vinegar 1 Tbs

    [0070]In yet another embodiment of the present invention, a dry mix is provided in accordance with the ingredients and approximate amounts listed in Table 5 below.

    TABLE-US-00005 TABLE 5 Ingredient Approximate Amount Dry Base From Table 1 4 cups Brown Rice Flour 1 cup Roasted Salted Golden Flaxseeds 1 cup

    [0071]In yet another embodiment of the present invention, a dry crust mix is provided in accordance with the ingredients and approximate amounts listed in Table 6 below.

    TABLE-US-00006 TABLE 6 Ingredient Approximate Amount Dry Base From Table 1 11/2 cups Tapioca Flour 1/2 cup Potato Flour 1/2 cup Buckwheat Flour 1/4 cup Potato Starch 1/4 cup Olive Oil 3 Tbs

    [0072]In yet another embodiment of the present invention, another dry base mix is provided in accordance with the ingredients and approximate amounts listed in Table 7 below.

    [0082]While the compositions, recipes, mixtures and related methods have been described in terms of what are presently considered to be the most practical and preferred embodiments, it is to be understood that the disclosure need not be limited to the disclosed embodiments. It is intended to cover various modifications and similar arrangements included within the spirit and scope of the claims, the scope of which should be accorded the broadest interpretation so as to encompass all such modifications and similar structures, compositions, formulations and mixtures. The present disclosure includes any and all embodiments of the following claims.

    Read more: http://www.faqs.org/patents/app/20090181147#ixzz0jLUV3Kqr

  45. Tammy

    It seems it would have been easy enough for the company to give credit to the person who created that recipe, but instead their ‘cut and paste’ mentality prompted them to just print whatever would make their flour sell.~ (your recipes rock!! thank you sooo much!)
    I won’t buy their product for one thing ~
    On another note, i have heard of a persons ENTIRE book being re-published and sold in another country. Because she didn’t have some sort of International copyright in place, a publishing company was able to distribute her books, with her name on it, and make ALL the profit. …I was surprised that people behave this way, but they do.

    No matter what happens with the rights and all, I thank you for this awesome blog dedicated to GLUTEN FREE health!!! This is important and revolutionary! :)
    luv to you!

  46. Toni

    Maybe you can just start putting in your recipes “Elana’s favorite Sweetener” and “Elana’s favorite salt.” WE all know what you are talking about :) Then they at least cannot copy and paste your work without spending a little more time.

    Oh, just because you change a word or two does not mean there wasn’t plagiarism involved. I can’t just pick up a novel by Stephen King and change three words in the first paragraph and say *I* wrote it.

    And I agree with the others… if they directed people TO your website, these people would see ALL these recipes using almond flour and then perhaps buy more of THEIR product. DUH. :) They could have worked this out with a phone call. :::rolleyes:::

  47. Wow! So very interesting, I was never aware of this fact.
    I can’t believe this company took almost word for word what you have written down, to say it bluntly, that kind of sucks.
    None the less, your pancakes look so good – I think I know what I want for breaky tomorrow morning!

  48. I looked into recipe copyright laws just recently. This is my understanding of recipe copyright laws: one cannot copyright ingredients and the listing of them. However, the directions are YOUR words. Thus, this is a copyright violation. My attorney husband agreed with my analysis when we had a discussion about this subject months ago.

  49. Jane Rubin @ aloevera-usa.com

    Hi Elana
    I understand that it may not be possible to copyright a recipe, but surely you could ask them (in the nicest possible way of course!) to give an acknowledgement and the web address of your site or the title of your book?
    Legalese is a pain – a little everyday politeness can go a long way and it does not cost them a bean!
    Keep up the great work …
    By the way, I love Dinah D’s notion of patenting your favourite recipes and the detailed example she gave of the application (which is quite surreal when you see it all spelled out like that!).

    Jane (fan from England!)

  50. unscrambled

    This is the problem with a culture that focuses on what’s legal rather than what’s right. I know, personally, that if I’m going to publish someone else’s work, I’m certainly going to give credit for it, regardless whether I technically have to. And, of course, I’m going to buy from and patronize people that use the same practices. I’m sorry this garbage happened to you. I’ll drop this company an e-mail suggesting the same.

  51. sandari

    I can not understand the hysteria over all this.
    As stated there is no copyright on a recipe.
    My Great grand-mother passed on a recipe very much like this one only with the use of honey it has been in our family for about 120yrs and came from Spain.

    Good grief it is stupid do you people have nothing better to do other than to get pathetic over this, do you not realise that you wouldn’t even have your daily bread if it wasn’t for the generations before you spreading the recipe around.

    Grow up the lot of you and stop being so ridiculous over a recipe.

    Yes you do have a great site, but did you not think that for one minute that if you put things out there in the world for the public to see that there wouldn’t be someone who would claim them for their own or that someone else might actually have thought it up before you.

    People are dying in the world for lack of food and you lot are getting in a twist about a recipe!!!!!!!!!!!!!!!!

    • Sharon

      Sandari, you have a point about other grave needs in our world but the way you demean those upset over this lack of respect for Elana’s work is unnecessary and less than admirable! There’s no need to call someone stupid and pathetic because you see things differently. We all need to act maturely when we disagree.

    • katie

      um, as someone who majored in anthropology and traveled i can tell you that those people who are starving still have things in their culture that they would flip out over if someone “copied” such as beadwork designs, henna designs, etc.

      it’s part of life, i really don’t understand people like you who have the whole “martyr” mindset.

  52. Jan Buhrman

    I am inspired by bloggers and recipes and as a serious cook, love to share recipes and give credit. We were so inspired by Elana’s almond mayo, that it forced us to think about all of our staples in our kitchen and how could we make them ourselves. Credit can only bred connectedness!

  53. Mom Steiner

    The obvious answer as to what to do when we, your supporters, know that someone has taken your recipe and pass it off as their own, it to boycott that company. That means spreading the work that Dowd & Rogers lack decency and honor and is a company not deserving or our business. The social network is endless. Spread the word.

  54. Very interesting! I always wondered about that too. I give credit for my recipes when I duplicate something I found elsewhere, but I always wonder if there is another recipe out there, for, say, marinara sauce that closely mimics mine and could be interpreted as “recipe theft” by accident!

  55. Daisy

    Hi Elana.,
    For the folks that are planning on boycotting the company – here are their many different brands:

    “Nutraceutical is one of the nation’s largest manufacturers and marketers of quality branded nutritional supplements sold to health and natural food stores. Nutraceutical sells branded products under the brand names Solaray®, KAL®, Nature’s Life®, Natural Balance®, NaturalMax®, VegLife®, Premier One®, Pioneer®, Sunny Green®, Zand®, Natra-Bio®, bioAllers®, Herbs for Kids®, NaturalCare®, Natural Sport®, Supplement Training Systems™, FunFresh Foods™, ActiPet®, Action Labs®, Thompson®, Montana Big Sky™, Living Flower Essences®, Life-flo® and Larenim® to health and natural food stores in the United States.”

    I will make sure that I never purchase any product from them. The letter they sent was a veiled ‘threat’ basically taking the offensive to ‘claim’ their rights. Its a legal trick to keep you from trying to sue them. This type of business practices is unethical even if its legal. If you decided to take action – I know a number of very good intellectual property attorneys in Utah.

    If anyone is interested in writing this unethical company a letter (I am) here’s their address: Nutraceutical Corporation, 1400 Kearns Blvd., Second Floor, Park City, UT 84060.

    Good luck!
    Daisy

  56. Wow! I never would’ve thought that companies could take and use recipes without permission. Or that they don’t even have to give you credit.

  57. Spice Lovely @ spicelovely.blogspot.com

    I’m so sorry that happened! If it makes you feel any better, a while back I recreated your Pumpkin Cranberry Upside Down Cake on my blog. (http://spicelovely.blogspot.com/2010/01/pumpkin-and-cranberry-bliss.html) But I did my best to give you the original credit, since it’s a delicious cake and became an instant family favorite. Even if they did take your recipe, your recipes have touched and helped many, many people. Thank you!

  58. Dana

    Greetings!

    While I support you in your concern on this subject, I must say that from experience, I know that enforcing a copywright on a recipe is next to impossible. With the change of a word or direction, the recipe is different. If one carefully compares the two recipes one will see that there are subtle differences, i.e. grapeseed oil for sauteing vs oil for griddle and in a Vita-Mix vs in a blender. Yes, we all know they mean the same thing but this changes the recipe. Hence, the difficulty in enforcing a recipe copywright.

    Thank you for all that you do to make this world a better place! This is the positive of you! You don’t need them to give you credit! Blessings~

  59. wow! i always give credit on my blog unless it is truly something I come up with without looking at a recipe. Usually I see something and adapt it to be healither or to our tastes. I don’t usually have much for originals, but it does seem that you do a lot of experimenting and I can’t believe they can’t even give you credit where credit is due!

  60. In a way…way to go! What is that saying about imitation being a compliment? ;)

  61. Elana – I haven’t read the other posts/comments so I don’t know if anyone else has mentioned. But as a blogger who isn’t creative enough it the kitchen (just yet) to come up with my own concotions, I almost always re-post repices I’ve found in books or on other blog sites.

    To make sure that I was doing this correctly, I did a search and found this site…. This site states that “no” the recipe itself isn’t copyrightable, but the directions are. Think it’s worth a read.

    http://foodblogalliance.com/2009/04/recipe-attribution.php

    Thanks for everything you do, and the recipes you post – they are lifesavers!! (as a note: I always give credit – even if it inspired something I was able to come up with on my own).

    Keri

  62. A year or so ago, a lawsuit was launched by a chef in New York whose worker left and started his own restaurant. . . using her recipes. She sued citing the equivalent of plagiarism, since the recipes were “hers.” Sadly, she lost in court, because recipes aren’t copyrightable. That said, and as others have mentioned, it was really low of that company not to give credit if they were, indeed, using your recipe. As a blogger, I assume people will use my recipes–they are in the public domain, after all–but I hope that they will give proper attribution if they use them or post them!

  63. Eve

    I wonder if a recipe that is published in a cookbook is protected by copyright laws?
    Is it a matter of publishing it on the internet—a whole new set of copyright questions?

  64. Amber S

    Interesting I should read this today since I just made your pancakes this morning for the first time. I used your recipe in your book which I bought last month. The recipe in your book says to combine all ingredients in a blender – so really – they took your EXACT recipe from your book. Shouldn’t that give you SOME copyright protection?

  65. Joey

    What a rude way for this company to tell you that they can take your recipes any time they want. It wouldn’t have killed them to give you credit for your recipe. Welcome to the world of corporatism.

  66. aziza

    They are trying to sell their healthy products with stolen recipe!! That is SO unethical. Healthy and steeling don’t go along
    Elana, please don’t stop posting your recipes just because of some thieves?I hope the rotten apple will not ruin the nice smell of all the good apples.
    Any recipe has “Agave”, grape seed oil” and “almond flour” just reminds me of you. I can see your name.

  67. Jessica

    Oh, please don’t take your recipes down, I love and depend on them. I’d start a facebook group, something like “we are boycotting whatever corporation until they give credit where credit is due” and post it on your blog. Check out this one: http://www.facebook.com/group.php?v=wall&gid=335606723728 It brought a lot of attention and embarrassment to the manager of the theater after he acted inappropriately.

  68. Elizabeth

    What a shame! Who knows if you ever will get deserved credit here, but I agree you certainly should have! I have written the company at the above linked address to politely but clearly tell them I think there are better ways they could have gone about it. Legal doesn’t always mean fair, and I agree with the many others who have said that both yourself and the company could have benefited from crediting you.

    And thankyou for keeping such an amazing and beautifully presented archive of excellent recipes. I’m in Australia and have had some trouble finding your book for purchase here, but I am often on your site and use your recipes for cooking meals for my family. You’re truly an asset to not only those of us with food intolerances but the foodie and slow food cooking communities at large.
    It can be so disheartening, and so defeating, at times, to have diet restrictions, and even more so when we are treated by websites, or restaurant staff, or food companies, as though we are “just fussy eaters” or troublemakers. There is a general (uneducated) stigma attached to food intolerances; and I often find myself feeling disrespected, sometimes even ashamed, by cafe staff or grocery store owners as I ask questions, or scan labels. But not here. Never here. Here I feel understood, I feel valued, and I feel “normal”. You have successfully built a website which I feel respects me, and all your visitors, as competent and enthusiastic home cooks even though we might not be able to use common ingredients; and more importantly, I feel respected as an equal. You are all the mums, dads, grandmothers and aunts that we intolerance sufferers wish we had on hand to offer advice on what to make for dinner, or how to keep the kids interested. And even though the corporation would chew you up and spit you out don’t forget how valued your work is. I, for one, am really, really grateful. I’m positive I’m not the only one!

  69. This is very interesting. I had no idea that recipes are not copyrightable. If I discuss a certain recipe on my blog I will most definitely give credit to the source.

    However, I do often times look at a recipe and make a few changes or a lot of changes. If I do this I feel it is not necessary to give credit. But, I still might – it just depends on how much I change it.

    Also, some recipes are so common that it is not necessary to give credit. An example is the strawberry-banana smoothie. There are thousands of versions of this thing. If you find one, try it, like it, and simply change something about it, then I feel as if there is no reason to give credit.

    I guess its just up to the person. But, like I said, if I talk about a specific recipe that I did not change, then I will give credit to where I got it :)

  70. Amy @ Simply Sugar & Gluten Free @ simplysugarandglutenfree.com

    I read this post yesterday and I’ve been thinking about it quite a bit – last week I had a conversation with a friend in the publishing industry on this topic. He said that even if you publish a book your recipe can be copied and you’d lose in a court of law.

    I have two opposing thoughts on this as a passionate cook and blogger –

    1. As a passionate cook – who can own a pie crust recipe or a chocolate chip cookie recipe? Two people can make the same recipe and it will turn out completely different. Cooking has less to do with a recipe and more to do with the love of creating food you bring to the recipe. This is why people can make something and have it not “turn out” – the recipe most certainly works. It’s the cook behind the recipe that makes the food happen, not the recipe itself.

    Can one own a technique that all good cooks use such as sweating onions or bringing eggs to room temperature by covering with warm water? I think not.

    2. My totally opposite thought as a blogger and someone who works hard to create good, nutritious gluten free recipes – it makes my stomach turn when someone takes my recipes and publishes them as their own with no changes and no credit. My feed gets scraped with no way to contact the scraper.

    In the end, though, my inspiration always comes from other great cooks. Cooking is a craft that is shared and handed down, one good cook to another. I hope that what I do inspires others. When someone else publishes a take on something I’ve done it’s almost always an improvement and that makes me smile.

  71. First of all, I’m very glad to find your blog. I’m in Highlands Ranch and always nice to find another Colorado foodie.

    I find this information very helpful. Even though I always credit the source, I still worry about reprinting recipes from other sources like major magazines.

    I’m sorry to see the unethical standards from this company.

  72. Janeen

    Elana, I am so sorry this has happened. I don’t have a legal background, so I have no way of knowing if what Dowd & Rogers said is correct or not, but I definitely would not take their word for it.

    Even if they are right, it doesn’t seem entirely ethical, and they are forgetting one very important thing: The audience they are playing to includes many of your loyal supporters. I won’t be buying anything from Dowd & Rogers as long as they are playing this game.

  73. I won a local contest several years back using hazelnuts. I was contacted by the Oregon Hazelnut board asking for permission to use the recipe. They didn’t just help themselves to it. I’m appalled at this. I would seek the assistance of a lawyer on this and not just take their fancied up words for intellectual property theft.

  74. Kimi @ The Nourishing Gourmet @ thenourishinggourmet.com

    I’ve had people take both my recipe, description, and pictures before and claim them as their own.

    A frustrating thing to have happen!

  75. Hi Elana,

    I love your site, though this is my inaugural comment. It just so happens that this post coincides with my other life — that of a law student. I specifically remember flipping to the (very small) section of my materials in copyright class about recipes. I know the law is that ingredients aren’t copyrightable, but directions are, as several others have mentioned. Not sure how much it’s worth pursuing, but it might be good to keep in mind.

    Given the number of readers and fans you have, it’s a shame the company didn’t take the high road. How hard is it, really, to give a little credit where it’s due? At any rate, I would much rather read the recipes on your site — along with your stories and pictures — than on the back of a package any day.

    Take care and keep the inspiration coming!! I promise to (contine to) give you credit when one of your recipes has inspired one of my own : )

    Beth

  76. I am disgusted at the lack of integrity of Dowd & Rogers. I certainly won’t be purchasing any of their products in the future.

  77. That’s ridiculous! I can’t believe they can steal a recipe and not give credit where credit is due!

    We have your chocolate chip cookies in the oven right now… I’m very excited to see the finished product, the batter is quite tasty. I purchased Bob’s Red Mill prior to reading your disclaimer that it may not work as well, so I also ordered from Honeyville. I’m wondering if Bob’s may have changed their grinding technique, because so far, I can’t tell a difference in the finished products.

  78. Jan Buhrman

    AHHH! the power of the blog..
    if each of us send Dowd and Rogers a note remarking on their comments and tell them how outrageous this is regardless of the law.. perhaps they will pay attention!

  79. Susan @ The Spice Garden @ thespicegarden.blogspot.com

    Giving credit for recipes is simply the right thing to do … any blogger or company that resists that practice should rethink … I do admit that some of the recipes I have in my personal family cookbook are so old and well-loved that I don’t know where they came from, who passed them to me, whether they are from a published or ‘passed down’ source. That being said, if I use them, I try to state my ‘I don’t know’ confusion before I print them to the blog… it’s only fair.

  80. I am so happy I read this post, I was just wondering about this topic? I am new to blogging and I’d like to start reviewing cookbooks on my blog…however, I was unsure about copyright issues? Is it different if a recipe comes from a cookbook?

  81. Thanks for all the feedback everyone, I really appreciate your overwhelming support on this matter and enjoyed hearing all of the perspectives on this as a bigger topic that pertains to all of us.

    I’ll let this issue rest for now so I can continue to create more gluten free recipes for this great community :-) Thanks!

  82. Christina

    Wow, this is wack, Elana… I’m so sorry. At first I thought it might be a coincidentally identical ingredient list, but no… word for word. Dang. We work so hard on our recipes–it’s just like any other art form. No wonder so many restaurants try to keep their secret ingredients secret. It’s so generous of you to share all of your delicious insights with us, and I am so, so grateful for your recipes. Thank you, and I hope you can find some form of recourse.

  83. katie

    what they wrote back to you was incredibly insensitive and just plain rude. i would talk to a lawyer anyway. if you get a good enough lawyer, you may very well find a loop hole. they are just trying to intimidate you. i cannot see how they have a right to do that.

  84. Wow… I am shocked. That is so… WRONG. I would be infuriated! It’s just really messed up that someone can and would do that. :(

  85. robin

    I know that this doesn’t sound very sympathetic to your hard work creating these AWESOME recipes, but it reminds me of what the ever lovely Mary Ann Williams said about Nelson Mandela taking using her quote about “How we fear our own wonderfulness” (paraphrasing here) in his inaugural speech (politicians can apparently plagiarize at will) and she said she that after she she sat stewing over not getting credit for a few days she realized that we are all just vehicles and that the universe uses us to share important ideas with each other and that is the joy of being human. She said that Mandela could reach an audience that she could not and if her words in his mouth make the world a better place, then who is she to begrudge humanity this gift! So your lovely recipe, Dowd and Rogers fabulous packaging. It’s all good. You are doing a nice job of marketing your blog anyway, so I wouldn’t sweat the small stuff. :)

  86. Hi, Elana.
    The person you talked to is wrong. The specific ingredients and amounts are not copyrightable, but the words you use to describe the steps etc. are copyrightable, the same as any other piece of writing. Internet copyrights are a grey area, but if your recipe is published in one of your cookbooks, you shouldn’t have too much trouble enforcing your copyright. However, they did change “a few” words, so this might be enough to be able to claim that they didn’t use your wording.

  87. Kelly

    http://www.copyright.gov/fls/fl122.html
    I believe you CAN copyright a recipe…just not a list of ingredients…
    Either way it seems pretty unscrupulous and I know I would feel frustrated if my hard work was being ripped off by someone else without at the very least giving me credit…or even asking for permission to use it!

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  90. Larry

    This is the same problem with any formula or recipe. A different person or company can use your recipe under what is called the Fair Use Doctrine. This is why you can take quote from a book or a picture and use it in your blog or other writings without having to pay royalties.
    I agree with another post that unless you can prove that the recipe is yours, that is what any lawyer will tell you, you have no legal rights to claim a copyright.
    This is all making a mountain out of a mole hill. I would surmise that if anyone were to search for gluten free pancake recipe on celiac.org they would find ‘your’ recipe without any citation.
    To agree with a different post, there are only so many ways to combine ingredients that are palatable. Many scientists as well as cooks come to the same ends independently. Forget about this and move on.

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Comments are greatly appreciated! Unfortunately Elana is not able to answer substitution questions, as the only way to know if something works is to test it, and she does not provide this service. If you have a substitution question, please don't hesitate to leave a comment here, and another reader may jump in to answer. ↑ back to top