Smucker Sues Trader Joe’s Over Alleged ‘Copycat’ Crustless PB&J Sandwiches
Trader Joe’s is the latest producer of crustless PB&J sandwiches to become entangled in a legal battle with Smucker’s.
The J.M. Smucker Company on Monday filed a complaint in the U.S. District Court for the Northern District of Ohio alleging the grocery chain is infringing on its trademarks with an “obvious” Uncrustables copycat.
According to the suit, Trader Joe’s Crustless Peanut Butter & Strawberry Jam Sandwiches feature a round, crustless design and a crimped edge that mimic Uncrustables’ design marks. Additionally, the box for the private label product features a stack of sandwiches on the front with a small bite taken out of the top sandwich – an alleged signature of Uncrustables packaging.
Smucker views the Trader Joe’s product as “an obvious attempt to trade off the fame and recognition of the Uncrustables design marks.” The company claims it has been using a pie-like shape with “distinct peripheral undulated crimping” since 1996 and a picture of the frozen PB&J sandwich with a bite taken out of it since 2000.
Uncrustables is the No. 1 frozen handheld brand in the U.S., a position it has achieved through “decades of marketing and product development” totaling over $1 billion in sales, according to the complaint. Last year, The J.M. Smucker Company opened a 900,000 sq. ft. manufacturing facility in McCalla, Ala., to expand production of Uncrustables to keep pace with accelerated demand.
Smucker alleges that by selling these “copycat” crustless PB&J sandwiches, Trader Joe’s is causing consumer confusion and “irreparable injury” to the Uncrustables brand.
“Not surprisingly, because of [Trader Joe’s] use of the infringing marks and infringing trade dress, members of the public have already been deceived into believing its product is in some way sponsored by, originates from or is affiliated with Smucker,” reads the complaint.
The suit cites several social media posts made by consumers in which the individuals incorrectly state that Trader Joe’s contracted with the J.M. Smucker Company to produce its private label sandwiches.
Smucker is requesting that Trader Joe’s destroy all products bearing infringing marks and pay the “profits received and cumulative damages sustained” by Smucker as a result of the sale of the copycat PB&J sandwiches.
This isn’t the first time Smucker has gone after an Uncrustables competitor for trademark infringement. In 2020, the company sent a cease-and-desist letter to the now-defunct Chubby Snacks over the circular shape of its crustless PB&J sandwiches. The legal action prompted Chubby to relaunch with a cloud-shaped sandwich, with CEO Dillon Ceglio later calling Smucker’s move an attempt to stifle competition.
While Uncustables dominates the PB&J sandwich category, the space has seen an influx of competitors over the past several years, including Rudi’s Bakery, SunButter, Red’s and Jams. Like Trader Joe’s, several other retailers have also launched their own private label takes on frozen PB&J, from Walmart to Costco to Kroger.
