The statement reads: We have just heard that the president of the Supreme Court, Lord Neuberger, together with two other very senior judges, have refused Chobani permission to appeal to the Supreme Court. They have decided there is no arguable point of law at stake.
So the final result is that yoghurt, sold as Greek Yoghurt in the UK, must satisfy all three criteria:
– Be made by a straining process so as to remove the watery-whey. *- Contain no additives or preservatives.* – Be made in Greece.
The permanent injunction remains in place, preventing Chobani from selling in the UK as Greek Yoghurt, a strained yogurt made in the US.
Chobani was also ordered to pay Fage’s costs incurred in resisting the application for permission of the appeal. This means that they will also have to pay the balance of the Court of Appeal’s costs within four business days.
“Of course we are very pleased with the ruling of the Supreme Court to uphold the permanent injunction thereby preventing Chobani (and others) from selling yogurt labelled as ‘Greek yogurt’ in the UK, unless it satisfies all three key criteria,” said Fage UK MD Nigel Amos. “The ruling has significant ramifications for the UK yogurt market (deterring other brands from misleading consumers by dishonestly claiming to be Greek Yoghurt) and for the UK consumer, who needs to be able trust in the integrity of food labelling and who respect and value the heritage of the food they consume.”
A statement sent to FoodBev.com from Chobani reads: While the UK is not currently a market of strategic focus for us, and we have not exported products there since 2013, we are disappointed that the UK Supreme Court refused to prevent the monopoly on the use of the term Greek Yoghurt. We will continue to advocate our view that the population of the UK knows and understands Greek Yoghurt to be a product description in terms of how it’s made, not where it’s made, similar to things like French fries and English muffins in the US.
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