US food conglomerate Kraft Heinz has lost its bid to force Aussie-owned Bega to change the packaging of its peanut butter, with its right to appeal a federal court decision allowing Bega to continue to use the famous yellow lid and packaging denied.
Bega purchased Kraft Heinz’s peanut butter brand from them in 2017 and continued to use the iconic yellow packaging in its renamed product, and ran adverts informing consumers that “Kraft peanut butter is not Bega peanut butter”.
Kraft Heinz believed this caused confusion to consumers and sued, but has had this claim knocked back several times, losing in the federal and full federal court and had its appeal denied.
“We’re extremely pleased with today’s decision,” said Bega Foods executive general manager Adam McNamara.
“Bega peanut butter has proudly been made at our Port Melbourne factory, located at One Vegemite Way, for over 55 years using the recipe that become famous for being ‘never oily, never dry’.”
Sydney law firm Addisons represented Bega in the fights, and said they are thrilled with the outcome.
“[We’re] delighted to have played some part in ensuring that the rights to use the distinctive and well-loved peanut butter packaging remains with Bega Cheese,” said Justine Munsie, Partner at Addisons.