Ferrero has taken a small French company, Noiseraie Productions, to court over one of its products, Nuté+, an organic palm oil-free chocolate spread, claiming its name contravenes fair competition.
"Ferrero's sole objective is to protect the Nutella brand and to offset any risk of confusion between Nutella and another brand in the mind of consumers," the group said. "Renowned brands, such as Nutella, are sometimes obliged to take this kind of action in order to defend their intellectual property."
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A senior official at Noiseraie Productions told just-food.com Ferrero's action was incomprehensible.
"They are accusing us of unfair competition, counterfeiting and parasitism. But Nuté+ is not even sold in the same outlets as Nutella, only in organic shops. Nor is it in the same price bracket and ingredient-wise is not at all the same product as Nutella. We are consulting with our lawyers to decide on the best plan of action."
If Ferrero's complaint is upheld, the company would face EUR75,000 in damages and the destruction of stock. Noiseraie Productions employs 11 people and has an annual turnover of EUR2.8m.
Meanwhile, following her outburst earlier this week against Nutella, French Environment Minister, Ségolène Royal, has since tweeted: "A thousand apologies for the controversy over Nutella."
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