By Jonathan Stempel
NEW YORK, June 15 (Reuters) – The parent of U.S. yogurt brand Dannon sued rival Chobani on Monday, accusing it of misleading consumers with claims about a higher-protein line of yogurt.
In a complaint filed in Manhattan federal court, Danone said Chobani inflates protein claims on labels on multiple-serving tubs of Chobani 20G Protein, which it said Chobani positions as a direct rival to Danone’s Oikos Pro in the ultra-high-protein yogurt category.
“This conduct is particularly insidious when Chobani knows that healthcare providers and the federal government are directing the public to choose foods that offer higher concentrations of protein to maintain their health,” Danone said.
Chobani and lawyers defending it against other false advertising litigation by Danone did not immediately respond to requests for comment.
CHOBANI ACCUSED OF CONCEALING THE TRUTH
Oikos Pro contains 20 grams of protein per 5.3-ounce serving, a standard industry size.
Danone said making dairy products with that protein density is “difficult and costly,” and Chobani chose to inflate serving sizes on yogurt tubs without increasing the amount of yogurt.
According to the complaint, Chobani servings would have fewer than 18 grams of protein if that company followed U.S. Food and Drug Administration serving-size rules.
Danone said that left Chobani 20G Protein more akin to Oikos Triple Zero, a lower-priced brand with 15 to 18 grams of protein per serving.
“If consumers knew the truth, instead of choosing the Chobani product, they would choose either Oikos Pro for a true ultra-high-protein option, or Oikos Triple Zero for a better price,” the complaint said.
FOURTH LAWSUIT
Danone is seeking unspecified damages and label changes.
The lawsuit is at least the fourth since 2016 between Danone and Chobani, two of the biggest sellers of Greek-style yogurt.
Chobani has asked a Manhattan federal judge to dismiss Danone’s separate lawsuit claiming it copied packaging and the “Bright & Mellow” slogan for a line of cold brew coffee.
Chobani is based in New York. Danone is based in Paris and its U.S. subsidiary is based in White Plains, New York.
(Reporting by Jonathan Stempel in New York, Editing by Franklin Paul)
