The US International Trade Commission (ITC) is to review an earlier decision that found no breach of Tate & Lyle’s sucralose patent as part of the UK food ingredients group’s ongoing battle to protect the value of its Splenda sucralose business.
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Tate & Lyle had launched a patent lawsuit against certain manufacturers and importers of Chinese sucralose in the US, including Changzhou Niutang, one of the largest global manufacturers of sucralose, and its US subsidiary, US Niutang.
In September, the ITC rejected the complaint and Tate & Lyle appealed this ruling.
“Having examined the final Initial Determination (ID), the petitions for review, the responses thereto, and the relevant portions of the record in this investigation, the Commission has determined to review the final ID in its entirety,” the ITC said in a statement.
Tate & Lyle welcomed the news.
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By GlobalDataA spokesperson for the group told just-food today (25 November): “We are pleased to note the ITC’s decision to review the administrative law judge’s initial determination. This is part of an on-going process and we cannot comment further.”
Tate & Lyle manufactures sucralose under the brand name Splenda. The artificial sweetener accounts for almost a quarter of the group’s operating profits.
