Nutella manufacturer loses case against Delhaize

Ferrero, the producer of Nutella, has lost its case against the Belgian supermarket chain Delhaize. As a result Delhaize will be allowed to continue to call its hazelnut spread "Choco", even though it doesn't contain any chocolate.
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Ferrero argued that Delhaize shouldn't be allowed to call its spread "Choco" because it doesn't contain any chocolate and demanded a penalty payment of between 1,250 euros and 100,000 euros for every infringement. The Brussels commercial court ruled that Delhaize only used the term "Choco" to indicate how the spread tasted. Delhaize is not suggesting chocolate is an ingredient it ruled and the term "Choco" is not protected in law.

A second complaint by Ferrero was also rejected. The manufacturer was unhappy with the way Delhaize communicated about palm oil in its ads. Delhaize says its spread does not contain palm oil making its spread more sustainable, healthier and with a lower fat content. Ferrero claimed that these claims targeted Nutella.

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