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Irish Examiner
4 days ago
- Business
- Irish Examiner
Danone fails to appeal Yoplait's High Court injunction in low fat yoghurt row
A row over low fat yoghurt between two multimillion global companies has come before the Irish courts. In the latest round, the Court of Appeal has upheld an injunction granted three months ago to Yoplait Ireland Ltd and ordered that the Irish subsidiary of Danone be restrained from passing off certain Skyr products on the Irish market as those of Yoplait pending the determination of the proceedings. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over allegedly "passing off" the product. At issue are certain Skyr yoghurts which are made using a traditional Icelandic recipe and are low in fat and high in protein. Yoplait has previously claimed that the "get up", or packaging, of the Danone Skyr "Icelandic style" yoghurt is so similar to the Yoplait "Skyr" product that consumers are likely to be confused when shopping. It claims Danone is piggybacking on the goodwill it has built up to sell its product and is allegedly engaging in an unfair competitive tactic in doing so. Nutricia Ireland had appealed a decision by the High Court last May granting the injunction restraining Danone. Court of Appeal ruling Giving the judgement of the Court of Appeal, Ms Justice Niamh Hyland said she rejected the appeal of Danone and upheld the High Court decision to grant an injunction to Yoplait, but in modified terms. 'I am conscious that Danone is being denied entry to a market, that on its case it is fully entitled to enter. If it transpires that it is correct, competition will have been stifled,' the judge said. She said in the circumstances there was an obligation upon Yoplait to expedite the trial of the action and to make an application to the judge in charge of the Commercial Court list on the matter. Ms Justice Hyland said Danone had failed to establish material error in the High Court judge's conclusion that the relevant customer was one shopping in Ireland for Skyr yoghurt rather than one shopping for white strained yoghurts, as Danone contended. The judge further rejected Danone's argument that the trial judge erred in only considering the position on the parties on the Irish market and not their activities in other markets and she also rejected Danone's argument that Yoplait delayed in bringing the proceedings. However, Ms Justice Hyland ruled that the injunction order by the High Court which restrained Danone not just from passing off the goods, the subject of the proceedings, but from placing on the market confusingly similar Skyr products was 'likely to bring about an injustice'. The judge upheld Danone's appeal in that regard and modified the order to restrain Danone from passing off their Skyr products as those of Yoplait's Skyr's products, pending the hearing of the case. Case background Setting out the background to the case, Ms Justice Hyland said Yoplait Ireland had launched its Skyr product in September 2022 which it sold in packaging featuring a blue and white colour scheme with mountain imagery. She said last year Yoplait updated its it logo packaging but retained the overall get up. Yoplait, she said, asserts that its Skyr products are the leading offering in the Irish market with over 430,000 of the 850g pots sold last year. Nutricia Ireland, she said, first launched Skyr products - including yoghurt with blue and white packaging - in France in 2018 with redesigned packaging introduced to Belgium and Italy last year and an intention to launch into the Irish market in May of this year. Yoplait wrote to Danone last March stating that Danone's Skyr products were confusingly similar to their own and seeking undertaking from Danone not to launch the products in Ireland. Danone declined to provide such undertaking and disputed the claim of passing off and asserted that its packaging is consistent with its established branding and trademark.
Agriland
31-07-2025
- Business
- Agriland
Danone Reports 4 Rise in Like for Like Sales
Global food and drinks company, Danone has reported a 4.1% rise in sales for the period April to June 2025 (Q2). In Q2 2025, sales stood at €6.9 billion, up +4.1% on a like-for-like basis (LFL), led by an increase of +3.2% from volume/mix and +1% from price. On a reported basis, sales decreased by -0.4%, due to the negative impact of currencies (-4.9%), reflecting the depreciation of several currencies against the euro, notably the US dollar, the Mexican peso, the Chinese renminbi and the Argentine peso. Hyperinflation also contributed positively to reported sales (+0.7%), while there was no impact from scope effect, the company has reported in its latest financial results. In the first half of 2025 (H1), sales stood at €13.7 billion, up +4.2% LFL, led by an increase of +2.6% from volume/mix and +1.7% from price. On a reported basis, sales decreased by -0.1%, mainly due to the negative impact of currencies (-2.9%), according to the company report. Reported sales were also negatively impacted by scope (-1.5%), resulting predominantly from the sale of Horizon Organic and Wallaby on April 1, 2024, while hyperinflation contributed positively (+0.8%). In Q2 2025, Europe sales were up +2.2% LFL, with volume/mix at +2.4% and price at -0.2%. Source: Danone The zone recorded its seventh consecutive quarter of positive volume/mix, reflecting continued progress in dairy, notably driven by functional products such as High Protein, Skyr and Kefir, while Alpro delivered strong growth in plant-based. Specialised nutrition posted a solid performance, notably driven by the medical nutrition brands Fortimel and Nutrison, while Waters achieved competitive growth, supported by evian. In North America, sales were up +2.3% LFL, led by volume/mix at +1.8% and price up +0.5%. This performance was supported by sustained double-digit growth in High Protein and a strong momentum in specialized nutrition, while Coffee Creamers is progressively recovering following service challenges. China, North Asia & Oceania delivered another quarter of broad-based strong performance, with sales up +12.4% LFL, led by volume/mix at +13.2% and price at -0.8%. Specialised nutrition recorded double-digit growth, driven by strong growth in both IMF (infant milk formula) and medical nutrition. In waters, Mizone sustained its good performance, while EDP delivered another quarter of competitive growth in Japan, led by Activia and Oikos brands. In Latin America, sales were up +2.9% LFL, with volume/mix down -3.1% and price up +5.9%. Specialised nutrition posted strong growth across the region, particularly through the Aptamil brand. EDP delivered a solid performance, notably supported by the successful launches of High Protein and drinkable yogurt offerings, while 'waters' was impacted by adverse weather conditions in Mexico. In Asia, Middle East and Africa, sales increased by +4.1% LFL, with volume/mix up +1.4% and price up +2.7%. The performance was fueled by the strong momentum in specialised nutrition, particularly in South-East Asia, India and the Middle East, as well as the continued expansion of the Aptamil brand into new countries. In EDP, dairy maintained growth, notably supported by solid performance in North and West Africa. In April this year, Danone successfully issued an €800 million bond with an eight-year maturity and a 3.438% coupon. The company said that the bond issue was widely subscribed by a diversified investor base. Also in April at Danone's 2025 Annual General Meeting, shareholders approved all resolutions including the distribution of a dividend of €2.15 per share in cash, up +2.4% compared to last year, and the proposed renewals of terms of office of Antoine de Saint-Affrique, chief executive officer (CEO), as well as independent directors Patrice Louvet, Geraldine Picaud, and Susan Roberts. In July 2025, Danone completed the acquisition of a majority stake in Kate Farms, a fast-growing U.S business and the top doctor-recommended plant-based brand in the US. Danone also announced the acquisition of The Akkermansia Company (TAC), a Belgian company with nearly 20 years of history and science, specialising in biotics. Speaking in relation to the result published today, Danone CEO, Antoine de Saint-Affrique said: "We started chapter two of the Renew Danone strategy with a strong performance, demonstrating consistency in driving quality growth and reflecting the strength and resilience of our health-focused portfolio: sales for the first half increased by +4.2% on a like-for-like basis, driven by volume-mix up +2.6%. "In a volatile and uncertain environment, we are consistently doubling down on our fundamentals, further fueling our winning platforms such as high protein, medical nutrition, Alpro and Aptamil, while moving forward with this next chapter of our strategy. "We started actively complementing our portfolio, further investing in medical nutrition, acquiring Kate Farms in the US, and in next generation biotics through The Akkermansia Company. "We remain focused on the consistent execution of our consumer-centric and science-based strategy and the delivery of our mid-term guidance," he said.
BreakingNews.ie
02-05-2025
- Business
- BreakingNews.ie
Yoplait gets injunction stopping Danone launching allegedly similar yoghurt product
Yoplait has been granted a High Court injunction preventing a rival from next week launching an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged "passing off" the product. Advertisement Yoplait claims that the "get up", or packaging, of the Danone Skyr "Icelandic style" yoghurt is so similar to Yoplait "Skyr" product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up in its product to sell its product and engaging in an unfair competitive tactic in doing so. Nutricia argued Yoplait did not meet the requirements for an injunction and failed to provide any evidence of confusion among consumers. On Friday, Mr Justice Max Barrett said he was satisfied to grant an injunction restraining Nutricia from passing off certain Danone products as those of Yoplait by placing them on the market in Ireland with a get up that is confusingly similar to the Yoplait products. Advertisement At a hearing over the injunction application earlier this week, which Nutricia opposed, the court heard both products are marketed as zero fat, high protein, low or no sugar with low calorie content based on Icelandic-style yoghurt recipes. Yoplait launched its Skyr in 2022 while there has been Danone Skyr product in France for a number of years but Yoplait says the French packaging was distinctly different from the Yoplait Skyr. When Nutricia launched in the UK in February last, Yoplait says the Danone product was packaged in a similar style to Yoplait product using a similar distinctive blue colour and a white mountain or iceberg while the size of the tub containers was also similar. Nutricia disputed the claims and said Yoplait failed to meet the requirements for an injunction. Yoplait also had not provided any evidence of consumer confusion, it said. Advertisement In his judgment, Mr Justice Barrett said as far as the established test in relation to similar products was concerned, it was the "sheer blueness (with white as the background colour) that jumps out when one looks at the Yoplait and Danone containers that are issue". Ireland Calls for extra gardaí to police Rathkeale after f... Read More Looked at side by side in a supermarket fridge, as the court had been shown in photos, this colour trait predominated, he said. In one photo, the "blueness of the competing Yoplait/Danone products is so pronounced that it is difficult to tell them apart in a picture," he said. He was satisfied the balance of convenience favoured maintaining the status quo until the full hearing of the action has been determined. He was also satisfied that in the absence of an injunction, and where Yoplait wins its main action, that the awarding of damages would not be an adequate remedy for the plaintiff firm.
Irish Times
02-05-2025
- Business
- Irish Times
Yoplait secures injunction against launch of allegedly similar yogurt
Yoplait has been granted a High Court injunction preventing a rival from next week launching an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged 'passing off' the product. Yoplait claims that the 'get up', or packaging, of the Danone Skyr 'Icelandic style' yoghurt is so similar to the Yoplait 'Skyr' product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up to sell its product and engaging in an unfair competitive tactic in doing so. READ MORE Nutricia argued Yoplait did not meet the requirements for an injunction and failed to provide any evidence of confusion among consumers. On Friday, Mr Justice Max Barrett said he was satisfied to grant an injunction restraining Nutricia from passing off certain Danone products as those of Yoplait by placing them on the market in Ireland with a get up that is confusingly similar to the Yoplait products. At a hearing over the injunction application earlier this week, which Nutricia opposed, the court heard both products are marketed as zero fat, high protein, low or no sugar with low calorie content based on Icelandic-style yoghurt recipes. Yoplait launched its Skyr in 2022 while there has been Danone Skyr product in France for a number of years but Yoplait says the French packaging was distinctly different from the Yoplait Skyr. When Nutricia launched in the UK in February last, Yoplait says the Danone product was packaged in a similar style to Yoplait product using a similar distinctive blue colour and a white mountain or iceberg while the size of the tub containers was also similar. Nutricia disputed the claims and said Yoplait failed to meet the requirements for an injunction. Yoplait also had not provided any evidence of consumer confusion, it said. In his judgment, Mr Justice Barrett said as far as the established test in relation to similar products was concerned, it was the 'sheer blueness (with white as the background colour) that jumps out when one looks at the Yoplait and Danone containers that are issue'. Looked at side by side in a supermarket fridge, as the court had been shown in photos, this colour trait predominated, he said. In one photo, the 'blueness of the competing Yoplait/Danone products is so pronounced that it is difficult to tell them apart in a picture,' he said. He was satisfied the balance of convenience favoured maintaining the status quo until the full hearing of the action has been determined. He was also satisfied that in the absence of an injunction, and where Yoplait wins its main action, that the awarding of damages would not be an adequate remedy for the plaintiff firm.
Irish Times
30-04-2025
- Business
- Irish Times
Pfizer announces more cost-cutting and the pink tax penalising women
Pfizer's Irish staff face an anxious wait after the company said it was seeking another €1.5bn in annual cost savings globally on top of €5.3 billion previously announced over the past two years. Irish jobs have gone with each of the past two announcements. The company was saying nothing last night. A decade after they acquired it following an examinership, the owners of the Leopardstown Inn in south Dublin are putting it on the market, seeking €7.2 million. Ronald Quinlan has the details. Joanne Hunt looks at how women are penalised financially with a pink tax – higher prices for products that are marketed for women but are identical to lower prices products targeted at men. Meanwhile John McManus writes that making a scapegoat of Airbnb and other short-term lettings websites in its desperate search for someone other than itself to blame for the housing shortage has created its own problems for Government after an ESRI report questioned the necessity for and efficacy of proposed tighter new rules on holiday lets. READ MORE A greater number of jobs were advertised at minimum wage after an above-inflation increase in the hourly rate in 2024, according to an ESRI report. Emmet Malone reports that 15% of job posting were offering minimum wage last year compared to mid-single digits in previous years. Almost €32 billion in fossil fuel investment was held by Irish-based subsidiaries of finance companies last year, a new report by Trócaire and Age Action claims. The carbon footprint of these financial flows is bigger than Ireland's yearly emissions, writes Mark Hilliard. Dublin dog-sitting platform Gudog has been bought by Rover Group in the US company's first move into the Irish market which it says will add 20,000 dog walkers to its platform. Yoghurt made its way on the Commercial court list as Yoplait seeks a High Court injunction over rival Danone's plans for an Irish launch next week of an allegedly confusingly similar product to Yoplait's Skyr natural yoghurt. Inditex Group brands Zara and Pull & Bear are expanding their footprints in Dundrum Town Centre, with Zara adding space to its current unit and Pull & Bear relocating to a larger unit within the centre, writes Hugh Dooley. Listed hostel-booking group Hostelworld plans to return to paying dividends this year for the first time since before the Covid-19 pandemic, as it also eyes 'selective' deals to broaden its business. Joe Brennan has the details. Milk-processing group Tirlán said revenue last year increased by 5 per cent in a reinvigorated dairy market following a 'challenging' start to the year. However, quizzed by Hugh Dooley, they were mute on moves by an activist investor to challenge Glanbia plc in which Tirlán is the largest shareholder. Glanbia holds its annual shareholder meeting this morning. Finally, with housing at a premium in and around the capital, a 37.5 acre site in Balbrigga n is sure to attract interest. Ronald Quinlan says the site is guiding €18.75 million, or an average of €500,000 an acre. Stay up to date with all our business news: sign up to our Business Today daily email news digest. If you'd like to read more about the issues that affect your finances try signing up to On the Money , the weekly newsletter from our personal finance team, which will be issued every Friday to Irish Times subscribers.
