NORWICH – In January, Norwich-based greek yogurt producer Chobani filed a federal suit after facing heat from rival yogurt producers Dannon and Yoplait in response to a cease and desist letter petitoning Chobani to discontinue certain marketing measures.
Of the reputed television commercials, a judicial injunction was imposed last week in a Syracuse federal court, and Judge David N. Hurd ruled that while Chobani is free to continue to spread its message about the value of selecting natural ingredients; it not free to disseminate the false message that sucralose renders Dannon’s products unsafe to consume.
“We are pleased with the court’s decision granting a preliminary injunction to stop this misleading advertising which is causing fear about safe ingredients, and we look forward to full and final resolution of this matter. Dannon considers this first step a victory for consumers who love Light & Fit,” said Michael J. Neuwirth Dannon Senior Director of Public Relations.
In contrast to the district court's directive, Chobani executives continue to maintain a position that defends the leading greek yogurts core initiatives, insisting that the issue goes beyond mere marking.
“This is not a marketing campaign, it's a mindset campaign,” said Peter McGuinness who serves as Chobani's Chief of marketing and branding. “[It] outlines the difference between using only natural ingredients versus artificial ingredients.
But Dannon isn't buying it, and neither is Golden Valley, MN-based conglomerate General Mills.
As a prong of the injunction, Chobani was likewise prohibited from continuing a separate but very similar ad campaign targeting General Mills-owned Yoplait, another major U.S. yogurt brand as an order of the injunction(s).
Yoplait’s target was its use of the ingredient potassium sorbate, in which Chobanis ads loosely associate the common ingredient with “bug killer.”
While potassium sorbate can be used as a “minimum risk” ingredient in pesticides–along with cloves, cinnamon and garlic–the preservative is generally recognized as safe for human consumption by U.S. food regulators.
Judge Hurd wrote that, according to the U.S. Department of Agriculture, “few substances have the kind of extensive, rigorous long-term testing that sorbic acid and its salts [like potassium sorbate] have had. It has been found to be nontoxic even in large quantities,” said Hurd.
General Mills demonstrated that it could be “irreparably harmed” by Chobani’s ads and that the company would have a “substantial likelihood of success on the merits of its false advertising claim,” said Hurd.
“Contrary to what Chobani has said, its Simply 100 ad campaign is not about providing consumers with choice,” said Neuwirth. “We have always used only safe ingredients to make a wide variety of yogurts that are enjoyed every day by millions of people. Since 1942, we have worked hard to build a trustworthy Dannon brand based on quality products. We take all attacks on the reputation of our Light & Fit products as well as our brand seriously, and will work to ensure our competitors are truthful and not misleading in their advertising.”