The Yogurt Wars
Preliminary Injunction Granted Against Chobani's
Literally False Ads Chobani, LLC v. Dannon Co., No. 16 CV 30, 2016
WL 369364 (N.D.N.Y. Jan. 29, 2016); Gen. Mills, Inc. v. Chobani,
LLC, No. 16 CV 58, 2016 WL 356039 (N.D.N.Y. Jan. 29,
2016)
Yogurt manufacturers moved to enjoin Chobani's ads that touted
its yogurt's all-natural ingredients and claimed that its
competitors' Greek yogurts contain "bad stuff":
General Mills' Yoplait Greek 100 contains potassium sorbate
("that stuff is used to kill bugs!") while Dannon's
Light & Fit contains Sucralose [Splenda] ("That stuff has
chlorine added to it!"). The court granted the
competitors' motions for a preliminary injunction on the ground
that Chobani's ads were false by necessary implication, i.e.,
Chobani's claims conveyed the literally false message that the
challengers' yogurts were "unsafe to eat." The court
rejected Chobani's contention that its "no bad stuff"
claim was mere puffery -- and that its
