Rival ad claiming General Mills’ yogurt has ‘bug spray’ ingredient is banned

Chobani ads that had blasted rival yogurt makers, accusing them of selling unsafe products filled with preservatives have recently been banned by a federal judge.

Both General Mills and Dannon said they are “pleased” by Friday’s ruling.

Chobani, a food company based in Norwich, New York, is considered to be the most successful yogurt producer in the United States, specializing in Greek-style dairy, and always launching new products and flavors in order to maintain an edge over its rivals.

General Mills contends that Chobani falsely claimed Yoplait Greek 100 was “toxic” because it contained a preservative called potassium sorbate. Chobani then turned around and sued Dannon in US District Court in Albany over the attempt to block its advertising.

In responding to General Mills and Dannon’s lawsuits, Chobani argued that its ad claims about potassium sorbate and sucralose are merely “puffery” statements of Chobani’s own opinion about the superiority of its own natural products, Hurd wrote.

In the ad, the woman turns to Chobani’s Simply 100 Greek yogurt instead, while an off-stage commentary warns consumers that this preservative can be used as an insecticide, and therefore shouldn’t be ingested on a regular basis.

On Jan. 6, Chobani launched a campaign for its Simply 100 Greek Yogurt that included information about natural and artificial sweeteners, including references to the use of the artificial sweetener sucralose in Dannon Light & Fit Greek Yogurt. The substance, sucralose, has been found safe for use in food and though it is made by adding chlorine to a precursor compound is chemically distinct from chlorine, according to the judge’s findings.

“Chobani… says… that [claims that] itsproducts are “good” or that General Mills’s artificial ingredients are “bad stuff”-are merely’puffery’…”

Dannon quickly sent a “cease and desist” letter to Chobani two weeks ago, demanding that it stop running the ads because it claimed they were false and misleading.

Hurd’s granted Dannon’s and General Mill’s requests for a preliminary injunction, meaning Chobani can not run the ads on TV or in print, at least until the dispute fully plays out in court.

Chobani is “free to continue to spread its message about the value of selecting natural ingredients“, said Hurd. Dannon considers this first step a victory for consumers who love Light & Fit.

“General Mills supports fair and vigorous competition between companies, but false advertising only misleads and harms consumers“, company spokesman Mike Siemienas said. “This campaign is about giving people truthful and accurate information so they can make more informed decisions about the food they buy”.

Chobani asks food makers across the country to join it in using only natural ingredients via social media.

On Friday, Chobani said it was “disappointed” in the ruling but was “committed to continuing the conversation”.