The company claims that Nestlé engaged in a campaign to limit the availability of its ice cream and bring a halt to its nationwide expansion plans.
Clemmy’s claims that in response to the popularity and success of its products, Nestlé undertook measures to prevent the nationwide expansion of Clemmy’s by sabotaging deals with US supermarket chains Safeway and Kroger.
The company, which manufactures sugar-free, lactose-free, gluten-free ice cream, is seeking damages in excess of $10m for the alleged violations, costs, and an injunction barring any future anti-competitive practices by Nestlé.
Commenting of the lawsuit, Clemmy’s owner Jon Gordon said: “Nestlé’s business practices harm not only Clemmy’s but also the ability of consumers to find truly sugar-free ice cream in their local markets. Nestlé should not be permitted to continue to mislead Americans in choosing what they eat.
Law firm Browne George Ross, which is representing Clemmy’s, added: “Through this lawsuit, Clemmy’s will ensure the public is not misled as a result of Nestlé’s antitrust violations.”
Source: Dairy Reporter/law360.com
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