Danone, a food and beverage company based in Paris, has sued its U.S. competitor Chobani in a Manhattan federal court. Danone claims Chobani misled consumers with deceptive labels on its high-protein yogurt products.
The complaint, filed on June 15, focuses on Chobani's 20G Protein line. Danone says this product competes directly with its Oikos Pro yogurt. Danone also claims Chobani inflates its protein numbers by using unusual serving sizes for multi-serving tubs.
The complaint says Oikos Pro has 20 grams of protein in a 5.3-ounce serving, which Danone calls the industry standard. Danone says it is "difficult and costly" to reach this protein level, and claims Chobani simply increased its serving size without adding more yogurt to the container.
The lawsuit argues that if Chobani followed U.S. Food and Drug Administration (FDA) serving-size rules for its multi-serving tubs, each serving would have less than 18 grams of protein, not the 20 grams advertised.
The complaint also says Chobani's single-serving containers are 6.7 ounces, while Danone's are 5.3 ounces, which means Chobani's product has about 26% less protein per ounce.
Danone says this makes Chobani's product more similar to Oikos Triple Zero, a cheaper Danone yogurt with 15 to 18 grams of protein per serving, instead of the higher-end Oikos Pro.
"If consumers knew the truth, instead of choosing the Chobani product, they would choose either Oikos Pro for a true ultra-high-protein option, or Oikos Triple Zero for a better price," the complaint states.
Danone wants damages and changes to Chobani's product labels. This lawsuit is at least the fourth time the companies have gone to court since 2016.
A separate Danone lawsuit filed last year accused Chobani of copying the packaging and the "Bright & Mellow" slogan for a cold brew coffee line. Chobani has asked a Manhattan federal judge to dismiss that case.
Chobani, which is based in New York, did not respond to requests for comment. Danone's U.S. office is in White Plains, New York.