Low-sugar cereal brand Holie’s has won its court case against Lotus Bakeries in the Netherlands.
Lotus Bakeries filed a preliminary injunction against Holie’s last month, after the Dutch breakfast brand called out the high sugar content of one of its snack bars.
The Belgian snacking giant, which owns Biscoff, Nakd and Trek, accused Holie’s of engaging in misleading comparative advertising and violating food marketing regulations in the Netherlands, after it awarded various branded snacks a “Holie’s Sugar-Score” in a recent online campaign.
Holie’s described the Sugar-Score as “a simple A-C classification based on the sugar content as listed on packaging. A stands for products containing 0%-5% sugar, B for 5%-10% sugar, and C for more than 10% sugar,” it said.
In the campaign, Holie’s gave a C classification to Nakd Blueberry Muffin, as it provides 17g sugars per 35g bar (49% sugars).
Lotus Bakeries claimed Holie’s scoring system was “misleading” as it was based on “total sugar content, representing this as sugar cubes, without distinguishing between sugars that are naturally occurring”.
The scoring system also disregarded “other important nutritional factors like fibre and protein, which creates a skewed picture for the consumer”, a spokeswoman for Lotus Bakeries told The Grocer.
The verdict
Following a preliminary hearing, which took place at Amsterdam District Court in July, the court last week ruled the campaign did not violate the law.
“We’re delighted the judge has fully sided with us: we can continue showing that products with appealing claims often still contain a lot of sugar,” said Holie’s CEO and co-founder Merick Schoute.
“Of course, this is a victory for us, but most importantly for the consumer. Our goal is clear: honest information on packaging so people can truly make informed choices.”
A spokeswoman for Lotus Bakeries said: “We have taken note of the court’s ruling.
“At Lotus Bakeries, we place great importance on offering responsible products.
“In our view, the use of natural ingredients, minimising added sugars, and preserving nutritional value are essential elements of this approach.”
Holie’s was founded in the Netherlands in 2018. It made its UK debut at the start of this year, securing Ocado listings for three granolas – Protein Crunch, Low Carb Crunch and Protein Peanut Butter – and three mueslis in Chocolate, 4 Nuts and Protein.
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