Mondelez, the company behind popular snacks like Oreo, Triscuit, and Chips Ahoy, has initiated a lawsuit against grocery chain Aldi in the United States. The lawsuit, filed on May 27 in the Northern District of Illinois, alleges that Aldi’s packaging for its store-brand snacks significantly mimics that of Mondelez, potentially misleading consumers.
Chicago-based Mondelez claims that Aldi’s packaging for its cookie and cracker products is “likely to deceive and confuse” shoppers, basing its case on previous communications with Aldi regarding similar concerns over product designs that allegedly distort the identities of well-established brands such as Oreo and Chips Ahoy. Specifically, the lawsuit identifies Aldi’s peanut butter creme-filled cookies, chocolate chip cookies, and Thin Wheat crackers as being too similar in design to Mondelez’s Nutter Butter, Chips Ahoy, and Wheat Thins.
In its complaint, Mondelez expresses concern that if Aldi’s practices continue, they could cause “irreparable harm” to the Mondelez brand. The snack giant is seeking financial compensation as well as a court injunction to stop Aldi from marketing these products in their current form.
Despite this serious legal challenge, Aldi has yet to provide a comment on the matter. The discount supermarket chain, known for offering store-brand alternatives at lower prices, has faced legal scrutiny in the past for producing items that resemble well-known brands. A notable instance occurred in Australia, where an Aldi product was found liable for copyright infringement due to its packaging closely resembling that of Hampden Holdings’ Baby Bellies snacks.
Trademark attorney Josh Gerben, commenting on the case, emphasised that the purpose of trademark law is to protect consumers by ensuring that they can confidently identify the brands they are purchasing. He highlighted the risk of consumers unintentionally buying Aldi products, believing they were purchasing from established brands.
With over 2,400 locations across the United States, Aldi has plans to expand further, with an announcement to open 225 new stores by 2025. However, as this lawsuit unfolds, the potential impacts on both Aldi and Mondelez could have significant implications beyond immediate financial considerations—possibly shaping the landscape of store-brand marketing in the food industry.