Ferrero wins court case against misleading ‘no palm oil’ marketing campaign Delhaize

Posted on: June 15, 2017

The Belgian Court of Appeal of Brussels ruled in favour of chocolate producer Ferrero in a legal case against the supermarket chain Delhaize about the latter’s ‘choco’ spread that was advertised ‘without palm oil’.

The Ferrero group was of the opinion that the advertising campaign of Delhaize’s private label spread was untruthful and misleading, and harmed its own brand, Nutella. Ferrero had therefore turned to the courts, not only to order Delhaize to stop any reference to the term ‘chocolate’ to designate its private label spread, but especially to the false statements regarding the impact of palm oil (an important ingredient in Nutella) on the environment and on the nutritional value of the spread.

Where the Commercial Court of Brussels had abounded in favour of Delhaize December 2015, the 9th chamber of the Court of Appeal of Brussels now found Ferrero was right. The court stated that Delhaize’s allegations about palm oil were unverifiable and therefore not objective in relation to both environmental and health allegations.

The Court ordered the Delhaize group to stop the campaign on ‘no palm oil choco’, and set a penalty of 25,000 euros for each breach, to a maximum of one million euro.