The Hershey Company has come to a settlement with California-based Premier Nutrition over the packaging of Take5 and Twisted candy bars.

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Hershey’s Take5, which contains pretzels, peanuts, peanut butter, chocolate and caramel, was released about two years ago. The popular snack bar has enjoyed US sales of approximately US$70m, according to the company.


Meanwhile the Twisted bar, by Premier Nutrition, was being sold in packaging similar to the Take5 product, Hershey said, adding that it is also made from similar ingredients.


This situation prompted the Pennsylvania-based company to file a federal lawsuit against Premier Nutrition, which markets a line of organic energy and protein foods.


While Premier will continue distributing the Twisted bar, it will be marketed in different packaging. According to a decree handed down by a Pennsylvania Court, Premier may not use any packaging for its Twisted products that cause confusion with Hershey’s Take5 bar. Additionally, it will pay Hershey’s lawsuit costs.

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The terms of the settlement were not revealed because of a confidentiality clause.

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