January 11, 2016
Partner Christie Grymes Thompson was quoted in the Epoch Times article “Yogurt Wars: Chobani Seeks Court Approval to Continue Gutsy National Ad Campaign.” The Greek yogurt maker, Chobani, is asking a court to declare that its latest advertising campaign does not violate any laws. Chobani filed its motion Friday, Jan. 8, after the New York-based company received a cease-and-desist letter from its largest competitor Dannon, in reaction to Chobani’s national multichannel ad campaign that takes a swipe at both Dannon and Yoplait for their use of artificial sweeteners and preservatives. General Mills, which owns Yoplait, has since sued Chobani Minnesota’s U.S. District Court. Dannon and General Mills allege that the adverts are in violation of the federal Lanham Act and state laws. Ms. Thompson noted that under section 43(a) of the act, “companies are permitted to tout unique attributes of their products as long as the way you do the touting doesn’t create an overall false impression.” It does raise the question of whether saying potassium sorbate is used to kill bugs is fair in the context of the ad, she said. “This includes not creating the impression that the natural products have a greater benefit than they really do.”
To read the full article, please click here.