Food giants may lean more on lawsuits as private label encroaches on their turf

Food Dive reported the development on 2025-10-27. Mondelēz and J.M. Smucker have accused discount retailers of blatantly copying their products and packaging. Experts say more litigation is likely coming.

The report places the news in a wider commercial context. As food manufacturers look for opportunities to combat the rise of private label offerings, more CPG manufacturers are expected to sue retailers they claim are making copycat products. Earlier this month, J.M. Smucker sued Trader Joe’s, alleging the grocery chain’s version of crustless PB&J sandwiches is an “obvious copycat” of its Uncrustables frozen sandwiches.

For the food sector, the practical implications extend beyond the immediate announcement. “What the national brands are doing is just throwing down a gauntlet and saying, ‘Look, you guys can't just get away with imitating our product,’ ” said Neil Saunders, managing director with Global Data. “There probably will be more skirmishes because the market is becoming more competitive.”.

Attention now turns to how companies, customers and regulators respond. Private label is forecast to command more than a fifth of food and grocery sales in 2025, according to information from GlobalData, up from 12% two decades ago. Circana noted that in 2024 alone, sales surged to a record $271 billion, rising 3.9% from the prior year compared to a 1% rise among national brands.