Snack food giant Mondelēz International has filed a lawsuit against grocery retailer Aldi, accusing the company of mimicking the packaging of several of its well-known products, including Oreos and Chips Ahoy!, in Aldi’s private label offerings.
Filed on May 27 in the U.S. District Court for the Northern District of Illinois, the 36-page complaint alleges that Aldi’s private label snacks use packaging designs that are “likely to deceive and confuse consumers,” potentially leading them to believe the products are affiliated with Mondelēz. The lawsuit names seven products, including Aldi’s Benton’s Original chocolate sandwich cookies, which Mondelēz says copy the blue background, tilted cookie image, and design elements of the Oreo packaging.
Mondelēz is seeking damages and a permanent injunction to prevent Aldi from continuing to use the disputed packaging.
“As consumers increasingly seek value in private label products, Mondelēz claims Aldi is ‘riding the coattails’ of its strong brand recognition,” the lawsuit states. “Aldi’s designs blatantly copy and trade upon the valuable reputation and goodwill that Mondelēz has spent decades building.”
The lawsuit also includes comparisons of Aldi packaging side-by-side with Mondelēz’s for popular brands such as Wheat Thins, Ritz, Nutter Butter, Premium saltine crackers, Nilla Wafers, and Chips Ahoy!. Mondelēz says Aldi has previously changed or discontinued similar packaging designs after objections were raised, but several lookalike products remain on shelves, prompting legal action.
Oreo, one of the world’s top-selling cookies with annual sales topping $4 billion, is at the heart of the lawsuit. According to Mondelēz, Aldi’s use of similar product visuals, including blue color tones and design placements, is an attempt to piggyback on Oreo’s global brand equity.
This marks the second lawsuit filed by Mondelēz in recent weeks. Earlier in May, the company sued over the unauthorized use of its brands in a collaboration between Ghost Energy Drink and Keurig Dr Pepper, citing breach of contract.
Aldi has not commented on the lawsuit. The retailer has previously been involved in similar legal disputes in other markets. Earlier this year, a UK court ruled that Aldi’s cloudy lemon cider infringed on Thatchers’ trademark. In 2024, an Australian court found Aldi guilty of packaging infringement related to products by Hampden Holdings.
Industry studies underscore the importance of packaging in consumer purchasing decisions. A 2020 study by Shorr Packaging found that packaging influenced seven out of ten shoppers, while a 2018 Ipsos survey reported that 72% of consumers said packaging design often swayed their decisions.
A Mondelēz spokesperson declined to provide details, citing the company’s policy not to comment on active litigation.