Pickle Wars Redux: Grillo’s Sues Patriot Pickle; Claims Co-Packer Stole Family Recipe

Boston-based pickle brand Grillo’s has filed a lawsuit against Patriot Pickle alleging the theft of its proprietary recipe to produce a line of “nearly identical” products for Whole Foods Market.

According to the complaint, filed in the U.S. District Court for the Southern District of Florida, Patriot obtained Grillo’s recipes during a nearly decade-long co-packing relationship in which the former manufactured, packaged, labeled and shipped a portion of Grillo’s pickles. The lawsuit alleges Patriot violated the Defend Trade Secrets Act, the Florida Uniform Trade Secrets Act and contracts between the two companies.

“Patriot Pickle is trying to profit off Grillo’s 100-year-old family recipe and our trade secrets,” said Grillo’s president Adam Kaufman in a press release. “It’s a massive violation of trust and disappointment that after nearly a decade of partnership, our former co-packer, Patriot Pickle, has violated our agreements and is producing a nearly identical line of pickles for one of our biggest retailers.”

This is not the first time the two companies have found themselves in a pickle (pun intended). In January, Grillo’s filed an injunction in a New Jersey federal court claiming that hamburger chain Wahlburgers mislead consumers with its Wahlburgers At-Home packaged pickle line – produced through Patriot Pickle – by falsely claiming their pickles are “fresh,” “all-natural” and contain “no preservatives.”

Last month, Patriot filed a memorandum supporting a motion to dismiss the injunction, claiming Grillo’s has failed to provide facts “[satisfying] the injury prong of the Langham Act false advertising claim.”

When Grillo’s and Patriot entered their co-packing relationship in 2012, both parties signed a nondisclosure agreement regarding Grillo’s recipes and packaging processes. In 2015, the two companies signed a second nondisclosure agreement when Grillo’s stored and maintained an ozone cleaning machine at Patriot’s New Jersey facility.

Patriot remained one of Grillo’s co-packers until the summer of 2021, when Grillo’s ended the relationship, soon after its acquisition in April by King’s Hawaiian.

In the complaint dated June 27, Grillo’s claims Patriot has yet to return all copies of its proprietary recipes and processes or destroy notes and copies made by employees containing or based on said recipes and processes.

The debate is centered on four SKUs in the Whole Foods’ 365 pickle line – Dill Pickle Spicy Spears, Dill Pickle Spears, Dill Pickle Chips and Dill Pickle Whole – which allegedly look and taste “incredibly similar” to Grillo’s Hot Pickle Spears, Pickle Spears, Dill Pickle Chips and Whole Dills products, the suit alleges. Additionally, the labels reveal “virtually identical” nutritional information showing they are made with nearly the same ingredients. Meanwhile, Grillo’s is also sold nationwide at Whole Foods, as well as Costco, Target and Walmart.

“Patriot’s use of recipes and processes stolen from Grillo’s to roll out a nearly identical formulated line of pickles at one of Grillo’s biggest retailers, at a lower price point, and during the highest grossing time of year for pickle sales, threatens to cripple Grillo’s business and customer base irreparable,” reads the complaint. On average, Whole Foods 365 pickles retail for 30% less than Grillo’s Pickles.

Grillo’s is requesting that Patriot remove any pickle products manufactured using its confidential and proprietary information from the market and return all materials containing its recipes.