Fresh Del Monte Wins $13M Judgment Against Del Monte

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CORAL GABLES, Fla.—Fresh Del Monte Produce, Inc., won a false advertising and breach of contract lawsuit against Del Monte Foods Co. and Del Monte Co. The company was awarded $13.15 million in damages and retained the exclusive right under the parties’ licensing agreement to use the Del Monte® trademark on certain refrigerated preserved fruit products.

On April 6, jurors in the U.S. District Court for the Southern District of New York returned a unanimous verdict in Fresh Del Monte’s favor on five out of the six Lanham Act false advertising claims, finding that Del Monte Foods’ sale and marketing of refrigerated preserved fruit products misled consumers into believing the products were fresh fruit, and that Del Monte Foods willfully violated the Lanham Act. The jury awarded separate damages to Fresh Del Monte totaling $13.15 million for both claims, including the profits Del Monte Foods obtained from its false advertising.

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