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ARTICLE · 19 JANUARY 2026

Apples To Apples. Literally.

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In a recent case, Ahold Delhaize USA, operator of a number of grocery store chains, including Food Lion, Hannaford, Stop & Shop, and others, challenged express and implied claims made by its competitor...

United StatesMedia, Telecoms, IT, Entertainment

In a recent case, Ahold Delhaize USA, operator of a number of grocery store chains, including Food Lion, Hannaford, Stop & Shop, and others, challenged express and implied claims made by its competitor Lidl US, LLC. Specifically, Ahold challenged Lidl's price comparison claims in which Lidl promised consumers savings compared to prices at specific Ahold-owned stores. Even if you're not in the grocery store business, keep reading! Price comparison claims are ubiquitous in many industries and the learnings here extend beyond fruit!

As a preliminary matter, NAD addressed a jurisdictional issue raised by Lidl: whether ads targeted at consumers shopping at local grocery stores constitutes "national advertising" for purposes of NAD's jurisdiction. NAD determined that although the claims were made locally by each store, each of the hundreds of stores across multiple states disseminated substantially similar claims based on the same methodology to generate the

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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