The U.K. Supreme Court has reportedly refused to consider the appeal filed by
Chobani Inc. from an appeals court order dismissing its appeal of a permanent
injunction prohibiting the company from designating its U.S.-made yogurt
as “Greek” yogurt. Additional details about the January 2014 appeals court
ruling appear in Issue 511 of this Update. According to a court spokesperson,
three justices dismissed the application for permission to appeal “because the
application [did] not raise a point of law of general public importance.”

Fage U.K., Ltd., which instituted the litigation, said of the ruling, “The High
Court has ended the ‘Greek yogurt’ case, its decision is final. Chobani is
forbidden from selling US-made strained yogurt as ‘Greek’ in the United
Kingdom.” Fage also reportedly said that Chobani must pay its legal fees.
Meanwhile, expressing disappointment in the outcome, Chobani has apparently
indicated that it no longer sells its yogurt in Britain, stating, “We will
continue to advocate our view that the population of the UK knows and
understands Greek Yogurt to be a product description in terms of how it’s
made, not where it is made, similar to things like French fries and English
muffins in the US.” See Law360 and Money.msn.co.nz, July 30, 2014.

 

Issue 532

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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