Trouble in the world of desserts and dairy products. Just recently, we discussed the battle over the shape of the pudding cup between FrieslandCampina and De Natuurhoeve. And now, the Dutch Dairy Association is at loggerheads with Alpro. As a result, Alpro may not make the impression that Alpro Mild & Creamy is a dairy product. However, it may advertise the product as an alternative for yoghurt.
Alpro is producer and distributor of soy and other vegetable products. Her newest product Alpro Mild & Creamy is also made of soybean. Alpro promoted this product in a TV commercial and in different ads as being a kind of yoghurt. "Discover the fresh and mild yoghurt variation of Alpro". On the packaging, the term yoghurt cultures is being used. The Dutch Dairy Association (NZO), the sector organization of the Dutch dairy processing industry, is not amused. NZO believes that Alpro acts contrary to European regulation and the Dutch Dairy Commodities Act. Words like yoghurt, yoghurt variation and yoghurt cultures should not be used for non-dairy products. Therefore, NZO brought preliminary relief proceedings against Alpro.
And indeed, the interim relief judge of the District Court of Breda rules that Alpro may not make the suggestion or imply that Alpro Mild & Creamy is a dairy product, because that is misleading. The definition of yoghurt is provided by law and this product does not meet this description. Still, it is allowed that Alpro Mild & Creamy is promoted as being an alternative for yoghurt. The slogans “if you like yoghurt: try Alpro Mild & Creamy” and "Alpro has conquered the yoghurt shelf in the supermarket" can still be used. Also, it is permitted to use the term yoghurt variation, as long as this is done in combination with the term vegetable. Then it is clear that it is not a yoghurt-based product.
Alpro refers on its (Dutch) website to the issue. Alpro Mild & Creamy is now "a delicious vegetable variation on yoghurt." And that is another way to put it.
Christine Fontaine – product information and advertising lawyer
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Trouble in the world of desserts and dairy products. Just recently, we discussed the battle over the shape of the pudding cup between FrieslandCampina and De Natuurhoeve. And now, the Dutch Dairy Association is at loggerheads with Alpro. As a result, Alpro may not make the impression that Alpro Mild & Creamy is a dairy product. However, it may advertise the product as an alternative for yoghurt.
Alpro is producer and distributor of soy and other vegetable products. Her newest product Alpro Mild & Creamy is also made of soybean. Alpro promoted this product in a TV commercial and in different ads as being a kind of yoghurt. "Discover the fresh and mild yoghurt variation of Alpro". On the packaging, the term yoghurt cultures is being used. The Dutch Dairy Association (NZO), the sector organization of the Dutch dairy processing industry, is not amused. NZO believes that Alpro acts contrary to European regulation and the Dutch Dairy Commodities Act. Words like yoghurt, yoghurt variation and yoghurt cultures should not be used for non-dairy products. Therefore, NZO brought preliminary relief proceedings against Alpro.
And indeed, the interim relief judge of the District Court of Breda rules that Alpro may not make the suggestion or imply that Alpro Mild & Creamy is a dairy product, because that is misleading. The definition of yoghurt is provided by law and this product does not meet this description. Still, it is allowed that Alpro Mild & Creamy is promoted as being an alternative for yoghurt. The slogans “if you like yoghurt: try Alpro Mild & Creamy” and "Alpro has conquered the yoghurt shelf in the supermarket" can still be used. Also, it is permitted to use the term yoghurt variation, as long as this is done in combination with the term vegetable. Then it is clear that it is not a yoghurt-based product.
Alpro refers on its (Dutch) website to the issue. Alpro Mild & Creamy is now "a delicious vegetable variation on yoghurt." And that is another way to put it.
Christine Fontaine – product information and advertising lawyer