Ferrero SpA, maker of Nutella®, has reportedly won a dispute in
the Brussels Court of Appeal over a rival’s advertising that claimed
its similar product was healthier because it does not contain palm
oil. Ferrero sued Belgium’s Delhaize Group after the “Choco”
maker launched an ad campaign claiming its “certified without
palm oil” spread was healthier and environmentally sustainable.
The court held Delhaize made illegal and unproven comparisons in
its environmental and health claims about palm oil and ordered
the company to end the campaign. The court also barred
Delhaize’s use of the word “chocolate” on Choco labels because the
product does not contain chocolate. See 7 Sur 7, June 2, 2017.


Issue 637

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.