Fresh Del Monte Produce prevails in false advertising case

Rebecca Prescott10 Apr 2012

Fresh Del Monte Produce has secured a sweeping jury verdict in a lawsuit against Del Monte Foods Company and Del Monte Corporation in the US District Court for the Southern District of New York.

After a two-week trial, on 6 April, the jury returned a unanimous verdict in Fresh Del Monte’s favour, finding that Fresh Del Monte has the exclusive right under the parties’ licensing agreement to use the Del Monte trademark on certain refrigerated preserved fruit products.

Additionally, the jury returned a unanimous verdict in Fresh Del Monte’s favour on five out of the six Lanham Act false advertising claims, finding that Del Monte Foods’ sale and marketing of refrigerated preserved fruit products misled consumers into believing the products were fresh fruit, and that Del Monte Foods wilfully violated the Lanham Act.

The jury awarded separate damages to Fresh Del Monte totalling over $13m for both claims, including the profits Del Monte Foods obtained from its false advertising.

*Source: Fresh Del Monte Produce *

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