Lotus Bakeries has filed a preliminary injunction against Dutch cereal supplier Holie’s, after the startup called out the high sugar content in 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).
According to Holie’s co-founder Valentijn van Santvoort, the campaign was intended “raise consumer awareness about the amount of sugar in everyday products and to help people make more informed choices”.
However, van Santvoort said it quickly became evident that Lotus Bakeries was “not amused”, when the Belgian multinational filed a preliminary injuction against the low-sugar cereal brand in the Netherlands.
The ‘only company’ with complaints
Van Santvoort told The Grocer it was “a surprise to us” that Lotus Bakeries had sought legal action. It was “the only company” called out in the campaign “that came with complaints”, he said.
“We always compare within the legal boundaries and challenge the existing order, whether it’s brands from PepsiCo or from General Mills or Associated British Foods. It’s like they [Lotus Bakeries] chose to come after us.
“We think their priorities should be in putting time and effort and money into creating a more low-sugar portfolio,” van Santvoort added.
The preliminary hearing took place at Amsterdam District Court last month and Holie’s was expecting a verdict from the judge “within two or three weeks”, according to van Santvoort.
“The court session, we felt, went well. We had a nice platform and moment there to share our point of view, and, most importantly, to share our intention behind the initiative,” he said.
“We’re not against Lotus, but we’re for transparent and honest communication and low sugar products that help you to live a little bit more consciously, and that that is an important nuance in the discussion.”
‘Clear and accurate’ information
A spokeswoman for Lotus Bakeries told The Grocer: “We believe it is important that consumers receive clear and accurate information about food.
“Our Nākd bars contain no added sugars and only natural sugars from fruit and nuts.
“Holie’s self-created Sugar-Score looks only at total sugar content, representing this as sugar cubes, without distinguishing between sugars that are naturally occurring, and added sugars. That is misleading. It also ignores other important nutritional factors like fibre and protein, which creates a skewed picture for the consumer.”
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 (Chocolate, 4 Nuts and Protein).
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