Danone’s US arm alleges that Chobani’s 32oz multi-serving container of High Protein Greek Yogurt, which is marketed as containing 20g of protein per serving, in fact contains only 18g.
This would go against the US Food and Drug Administration’s (FDA) regulations for multi-serve containers, serving sizes and per-serving nutrient content claims, Danone argues.
According to the Paris-based manufacturer, Chobani’s claims are misleading customers looking for a high-protein yoghurt – which requires 20g of protein per serving to be marketed as such – and, as a result, are taking sales away from Danone’s own Oikos Pro brand, which is higher priced.
As part of the lawsuit, Danone also alleges that Chobani, a Turkish-founded company based in New York, is attempting to copy its Oikos Pro line of products without investing in the necessary manufacturing capabilities to produce high-protein yoghurt.
“Chobani has chosen to pass off a less protein-dense product as a more protein-dense one by manipulating its serving sizes,” Danone said in its lawsuit, filed in the US District Court for the Southern District of New York.
“Chobani saw the success Danone US enjoyed with Oikos Pro and set out to copy it. Instead of developing a product of comparable protein density, however, Chobani chose to engage in unfair competition and consumer deception.”
The firm added: “Manufacturing dairy products with 20 or more grams of protein per serving is difficult and costly. It requires state-of-the-art technology, customised production facilities and innovative recipes.
“Danone US, which has been focused on applying scientific expertise to the craft of yogurt-making for generations, has made those investments. Chobani has not. To make up for this shortcoming in technology and know-how, Chobani has relied on consumer deception to elbow its way into the ultra-high-protein yogurt market.”
Protein as an ingredient has seen significant growth across the global food and drink industry in recent years, as consumers increasingly prioritise health and wellbeing.
For many, 20g of protein has become a key threshold when deciding to purchase a high-protein product – and this trend lies at the heart of Danone’s “deception” claims against Chobani.
