Chobani must stop pesticide ads about Yoplait, judge rules
Updated: 1:55 p.m. | Posted: 1:07 p.m.
A federal judge ordered Chobani to stop running ads that claim a competitor's yogurt contains pesticides.
The case, which was transferred out of U.S. District Court in Minneapolis to New York, came after General Mills noticed its Yoplait Greek 100 yogurt was being attacked by Chobani.
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General Mills filed the suit against Chobani earlier this month under fair and deceptive practices laws.
On Friday, Judge David Hurd said Chobani is free to spread its message about selecting natural ingredients.
"It's not, however, free to disseminate the false message that potassium sorbate renders Yoplait Greek 100 unsafe to consume," he wrote in his order.
Chobani launched television, print and digital ads this year that allege Golden-Valley based General Mills' Yoplait Greek yogurt has an ingredient used to "kill bugs."
The court order explains that ingredient, potassium sorbate, has been "generally recognized as safe" and nontoxic even when consumed in large quantities, according to the U.S. Food and Drug Administration.
But it also a preservative in pesticides, according to the U.S. Environmental Protection Agency.
"Because of its efficacy as a preservative, potassium sorbate has been used as a preservative widely and safely for decades in cheese, dips, wine, dried fruit, and many other food products," according to the order. "However, potassium sorbate is also found in various pesticide products."
General Mills spokesperson Mike Siemienas said in a statement the company was pleased with the ruling.
"General Mills supports fair and vigorous competition between companies," he said. "But false advertising only misleads and harms consumers."
An official with Chobani said the company is disappointed by Friday's ruling.
"This is not a marketing campaign, it's a mindset campaign," said Peter McGuinness, Chobani's chief marketing and brand officer. "While we're disappointed by the preliminary ruling, we're committed to continuing the conversation and it's good to see big food companies like General Mills starting to remove artificial ingredients from some of their products, like their cereals. In the end, if we can give more people more information while helping other food companies make better food, everyone wins."