Appeals Court Upholds Sucralose Ruling

  • December 27, 2007
A federal appeals court has upheld a decision by a U.S. district court judge that allows Heartland Sweeteners to continue selling store-brand sucralose, rejecting the arguments of McNeil Nutritionals, distributor of Splenda, which had contended the packages infringe its trademark rights.

The U.S. Court of Appeals for the Third Circuit affirmed the district court's decision permitting Heartland to package and distribute Safeway's and Food Lion's sucralose products. The appeals court, however, reversed the district court's decision on Ahold sucralose packaging, which is distributed at Giant, Tops and Stop & Shop stores. The issue of the Ahold packaging was sent back to the district court for further proceedings. In the meantime, Heartland may continue to distribute its sucralose tabletop products.

--Nina M. Lentini



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