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Kemin v. Cognis

This article was originally published in The Tan Sheet

Executive Summary

FloraGLO lutein manufacturer Kemin sues Cognis in Des Moines, Iowa federal court Dec. 5, alleging Xangold lutein esters marketer failed to provide labeling guidelines - required under a court settlement - recommending customers use a generic identifier other than "lutein" or "free lutein" for their products. Kemin asserts Cognis has "embarked on an aggressive advertising campaign designed to mislead consumers as to the differences" between FloraGLO and Xangold. Cognis says it denies allegations and "believes Kemin has been making...false and misleading claims to the marketplace and its customers." Firms settled similar dispute in August 1999 (1"The Tan Sheet" Aug. 23, 1999, p. 14)...

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Cognis, Kemin reach confidential settlement in litigation related to marketing of companies' respective Xangold lutein esters, FloraGLO lutein. Finalized Oct. 15, agreement clarifies how each company will market its products, with Kemin marketing its purified lutein as FloraGLO lutein and Cognis marketing its product as lutein esters. Pact settles Kemin's December 2001 lawsuit alleging Cognis failed to provide labeling guidelines recommending customers use a generic identifier other than "lutein" or "free lutein" for products containing Xangold (1"The Tan Sheet" Dec. 10, 2001, In Brief). Cognis countersued, alleging Kemin made false, misleading claims about both products...

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