Don't brush up against legal and regulatory
but move fast & break things. Also, high protein w/out protein powder, expensive adulterated oils, and what is lactoferrin?
Move fast and break things, but don’t brush up against legal and regulatory.
I struggle to write this because so many of you are breaking ground on new food claims that don’t yet have governing rules, for example, around general wellness.
But at some point every food and beverage startup has to navigate labeling and advertising laws.
When you are a small brand, inadvertently making a mistake might land you a cease and desist letter. But if your success threatens a category leader, real legal action can ensue. Especially if you are careless, or worse, provocative.
Which is what happened a couple weeks ago when J.M.Smucker (makers of Uncrustables) sued Chubby Snacks (makers of a similar product) for a whole host of things that fall under false advertising, trademark dilution, false claims, and disparagement.
[This isn't Chubby's first run-in. In 2022, Smucker’s issued a warning to Chubby over the use of the circular sandwich shape, which Smucker’s holds trademark rights to. In response, Chubby switched to a cloud-shaped design to avoid further conflict.]
What’s tough for Chubby is that they're taking on a single competitor that dominates the frozen PB&J market. I empathize with them, as it’s nearly impossible to position their products without drawing comparisons or triggering conflict with the incumbent.
Having said that, maybe they did go a little too far.
The entire complaint is here, and if you just want the highlights it is well documented by lawyer Robert Freund here
I don’t know Chubby, but I think what happened is they based their whole brand identity on comparing themselves against Uncrustables, and the creatives became too irresistible not to post.
Smucker’s wants an injunction saying Chubby can't call their products healthier, and can’t make the label claims “high protein,” “high fiber” and “no sugar added” that don’t comply with FDA standards. No one knows what the damages might be, if any.
Adulterated Oils
Target’s Good & Gather 100% Pure Avocado Oil failed purity tests at UC Davis and is facing a class action lawsuit.
Consumer demand for seed-oil free is putting pressure on supply chains of “good” oils, and with that comes rising prices and potential for fraud.
Seed Oil Free is a new certification that consistently tests for purity. I talked to the CEO at Newtopia about the rising need for verification. His org does lab testing as part of certification. Fees are based on gross annual revenues, starting at $1600 annually. Get in touch.
Chobani is here to remind us that Greek yogurt is a high protein food. No protein powder necessary.
Will lactoferrin be the new colostrum?
I previously wrote about bovine colostrum as the next big functional ingredient in food for immunity and gut health. Colostrum is the first milk produced by cows after giving birth, and it is the richest source of lactoferrin. While both colostrum and lactoferrin are available as isolated dietary supplements for the health and wellness market, alternative methods and sources of lactoferrin production are being developed to meet the growing demand, beyond the traditional extraction from colostrum.
The main functional difference between lactoferrin and colostrum are: lactoferrin has bioactive properties that are immune boosting, antimicrobial, and for iron absorption, while colostrum offers a wide array of bioactive compounds beneficial for overall immune function, gut health, and muscle recovery.
Lactoferrin powders are available from performance dairy ingredient companies like Milk Specialties, who are making the ingredient more scalable compared to relying solely on colostrum.
I’ll keep you posted on lactoferrin fortification in new food products.
Searching for the best cold brew concentrate
Rex is obsessed with cold brew and he’s not alone. The National Coffee Association reports a 300 percent increase in cold brew’s popularity. So far the best we’ve tried is Kloo. Any other recs? I just ordered Peet’s new Ultra Coffee Concentrate. Peace Coffee just launched theirs. Any others we should try?
All my best,
Jennifer