The Brussels Court of appeals ruled in favour of chocolate manufacturer Ferrero in a case against supermarket chain Delhaize. It agreed with Ferrero’s claim that Delhaize had launched a deceitful and misleading ad campaign.
The case dates back several years, when Delhaize launched an ad campaign about palm oil in chocolate paste. Its own private brand has no palm oil, while Ferrero does use it in its own products.
Ferrero felt Delhaize lied about the environmental consequences and the nutritional value of chocolate paste with or without palm oil. In particular, the Italian firm felt the campaign tarnished its own brand, Nutella. The statement that chocolate paste without palm oil would be better for the environment, was its main gripe.
By the end of 2015, the commercial court in Brussels ruled in favour of Delhaize, but the court of appeals has now turned that decision around, in Ferrero’s favour. The court says Delhaize issued several illegal statements about the environment and health, as they were unverifiable and subjective.