The maker of a Welch-brand fruit snack filed a false promoting grievance towards its competitor, New Cibo Vita, for allegedly promoting a copycat of the corporate’s fruit and yogurt snack.
Takeaway: In late 2024, the Welch model was embroiled in a unique advertising combat, this time with Common Mills, over whether or not producers ought to be held accountable for substantiating claims made by third events on retail web sites and in reposts. PIM Manufacturers, the maker of Welch’s fruit snacks, took its combat over product evaluations to the Higher Enterprise Bureau and gained a dedication that Common Mills couldn’t substantiate a number of the claims made within the posts.
Court docket: U.S. District Court docket for the District of New Jersey
Case Sort: False promoting
Business: Meals, beverage, and tobacco
Attorneys: PIM is represented by David R. King of Herrick Feinstein. Additionally representing the plaintiff are Danny M. Awdeh, Patrick J. Rodgers, Maxime I. Jarquin and Morgan E. Smith of Finnegan, Henderson, Farabow, Garrett & Dunner, and Jonathan Z. King of Cowan, Liebowitz & Latman. Counsel has not but entered an look for New Cibo Vita.
Legal responsibility Arguments: PIM alleged that New Cibo Vita got down to compete head-to-head with Welch’s Fruit ‘n Yogurt Snacks by introducing a copycat yogurt-covered fruit product known as Nature’s Backyard Probiotic Yoggies Snack Packs. Nonetheless, PIM alleged that New Cibo Vita tried to get an unfair benefit by copying the design of Welch’s snack. The grievance additional alleged that the defendant employed false and deceptive advertising claims on the well being advantages of their snacks. PIM stated that they’ve verified that most of the claims made by the defendant are false.
PIM stated that it could welcome truthful competitors, however stated that what New Cibo Vita is doing strayed from its authorized obligations in what it known as a “brazen try” to seize market share via “lies and deception.”
Damages Arguments: The 2-count grievance alleged false and deceptive promoting beneath the Lanham Act, and for unfair competitors beneath New Jersey frequent legislation.
PIM sought a courtroom order on New Cibo Vita’s well being claims, declaring that they’re false and deceptive beneath federal and New Jersey frequent legislation. The grievance additionally requested for an order to forestall the defendant from making future statements on the well being advantages, probiotic content material, or ingredient claims, together with in advertising supplies. PIM requested the courtroom for an order requiring New Cibo Vita to offer a file of income gained from the alleged conduct in addition to treble damages, lawyer prices, and costs, amongst different requests.
What the attorneys are saying: King declined to touch upon the case. A request for remark despatched to New Cibo Vita was not instantly returned.
Radar scan: In accordance with Legislation.com Radar, PIM Manufacturers can also be dealing with a false promoting grievance filed this month in New York Supreme Court docket for Kings County. The category motion grievance alleged that Welch’s Slice Fruit On The Go model strawberry bars use a photograph that misleads shoppers into considering the product comprises extra strawberries than it really does.
Caption: PIM Manufacturers v. New Cibo Vita
Decide: Decide Michael E. Farbiarz
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