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McNeil vs. Heartland Sweeteners

This article was originally published in The Tan Sheet

Executive Summary

A federal appeals court upholds a lower court decision allowing Heartland Sweeteners to continue selling private label sucralose products it creates for retailers Safeway and Food Lion, according to a Dec. 24 ruling. Splenda maker McNeil Nutritionals sought an injunction in the U.S. District Court for the Eastern District of Pennsylvania, claiming Heartland's packaging was similar to Splenda's and would confuse consumers. While the Third Circuit Court of Appeals agreed Heartland can use its current packaging for Safeway's and Food Lion's sucralose products, it reversed a similar district court decision on products the firm provides Royal Ahold, which are distributed at Giant, Tops and Stop & Shop stores...

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