As consumers increasingly gravitate towards private label products in search of better value, Mondelēz is taking decisive action. The Chicago-based food company asserts that Aldi’s snacks “blatantly copy and capitalize on the valuable reputation and goodwill” associated with Mondelēz’s cookie and cracker brands. Mondelēz claims that Aldi disregarded its “reasonable requests,” leaving the company with “no choice” but to pursue legal action. The lawsuit alleges that Aldi “seeks to ride the coattails” of Mondelēz’s reputation by imitating the packaging “to benefit from its allure, fame, and prestige.” The alleged copyright infringement poses a risk of “irreparable harm” to Mondelēz and its esteemed brands.
The 36-page complaint includes exhibits showing comparisons of Mondelēz’s packaging alongside that of Aldi. The brands involved in the lawsuit include Oreo, Wheat Thins, Nutter Butter, Chips Ahoy!, Nilla Wafers, Ritz, and Premium saltine crackers. Regarding Oreo, Mondelēz pointed out that Aldi uses product features strikingly similar to those on the famous cookie’s packaging, such as the prominent tilted cookie display, the blue background, and a lighter blue halo surrounding the cookie. Notably, Oreo is the world’s best-selling cookie, boasting over $4 billion in annual sales.
Mondelēz argues that Aldi has a history of selling products in packaging that constitutes unacceptable copies of the snack maker’s designs. The Chicago company stated it had reached out to the retailer “numerous times” in the past, raising objections to its “confusingly similar packaging” for brands like Oreo, Teddy Grahams, belVita, Tate’s, and Triscuit. While Aldi has altered or discontinued some designs in response to Mondelēz’s concerns, many of its products continue to mimic Mondelēz’s packaging.
Aldi did not respond to requests for comment. The retailer has faced other legal challenges related to its packaging; earlier this year, a UK appeals court upheld a decision that Aldi’s cloudy lemon cider infringed on Thatchers’ Cider’s trademark. Additionally, at the end of 2024, an Australian court held Aldi liable for infringing the packaging of three products from Hampden Holdings.
In making purchasing decisions, packaging plays a significant role for consumers. A 2020 study by Shorr Packaging found that packaging is vital for seven out of ten individuals. Furthermore, a 2018 Ipsos study revealed that 72% of consumers indicated that packaging design often influences their buying choices.
A Mondelēz spokesperson declined to discuss the lawsuit, citing the company’s policy of not commenting on ongoing litigation. Earlier this month, Mondelēz initiated legal proceedings to halt a collaboration with Ghost energy drink and protein products that utilized brands such as Sour Patch Kids and Nutter Butter. Mondelēz claims it was not consulted about continuing the partnership after Ghost was acquired by Keurig Dr Pepper, which constitutes a breach of contract.
In a market where private labels like Costco’s Kirkland line, which offers products such as calcium citrate, magnesium, and zinc, are gaining ground, the importance of maintaining brand integrity has never been more crucial. As the competition intensifies, Mondelēz is determined to protect its trademarks and reputation from what it perceives as unfair practices by competitors like Aldi.