Legal

AtlantaFresh Artisan Creamery’s case against Whole Foods Market is moving forward after U.S. District Judge Thomas W. Thrash denied Whole Foods’ motion to throw out a $15 million breach of contract lawsuit. The case alleges the natural grocery chain prematurely and ‘abruptly’ broke a seven-year distribution contract with grass-fed dairy producer AtlantaFresh Artisan Creamery and caused the business to go under.

PepsiCo’s Frito-Lay division, which makes Cheetos, accused World Peas Brand’s Peatos of trademark infringement. PepsiCo alleges that Peatos’ name and paw-print logo are “confusingly similar” to Cheetos and that Peato’s slogan, “tigers live longer than cheetahs,” unfairly denigrates the Cheetos brand.

The lawsuit claims the brand misleads consumers with its front-of-pack design, and now the suit is driving many industry leaders to question what are the most effective ways to deploy clean label marketing strategies.

Front-of-pack “clean labels” have become one of the most important ways for brands to demonstrate their whole food characteristics. But it’s also becoming a source of legal tension.

The legal saga between Snyder’s-Lance, the maker of Pretzel Crisps, and PepsiCo’s Frito-Lay, maker of Rold Gold’s Pretzel Thins, seems to be only beginning.– and the ongoing court proceedings are already serving as a cautionary tale to emerging food and beverage brands.

From patent restrictions and investor complaints to false labeling claims, these are the cases creating — or aiming to clean up — messy food dealings.

Food fights are breaking out in court. HaloTop, Mars Inc, KerryGold and Chobani all found themselves in legal battles spanning trademark infringements to reports of assault over the past month. Here’s what we know so far about the cases, why they were filed, and what they could mean for the companies involved.

Amplify Snack Brands, the company behind SkinnyPop Popcorn, and snack giant Snyder’s-Lance began a legal battle over the word “skinny” last week. Amplify filed a federal trademark infringement and unfair competition lawsuit against Snyder’s over the company’s plans to start selling its newly acquired popcorn brand, Metcalfe’s Skinny, in the U.S.

Earlier this month, State Senator Bob Wieckowski, a Democrat, introduced California SB 504, a bill that would require warning labels on all food containing synthetic dyes, including those sold in restaurants. It’s an issue that may cause food manufacturers to reconsider their use of synthetic colors not just in California, but nationwide.

At a time when a federal district court in California has been nicknamed “The Food Court” because of the number of consumer actions it has addressed, it’s become apparent that building a brand is about more than just growing sales, it’s about protecting those sales in the face of potential legal action.