Mondelez Takes Legal Action Against Tony’s Chocolonely Over Purple Packaging

In a legal dispute over packaging design, Mondelez, the manufacturer of Milka chocolate, has filed a lawsuit against Tony’s Chocolonely, alleging the imitation of its distinctive purple packaging.

Tony’s Chocolonely recently introduced four new temporary wrappers, drawing inspiration from popular chocolate bars, including Milka, as well as products from other companies like Mars. The move accompanied a campaign in Germany and Austria shedding light on child labour practices within the cocoa industry’s major suppliers.

Mondelez, asserting its ownership of a colour trademark in Europe, stated that the legal issue was centred on trademark infringement matters. The company emphasized its commitment to safeguarding its brand values, built over centuries, and expressed concerns over the use of protected brand elements by third parties.

The campaign by Tony’s Chocolonely aimed to raise awareness about the lack of fair compensation for cocoa farmers, highlighting the exploitation prevalent in cocoa-producing regions. The packaging, resembling iconic chocolate bars like Kit Kat, Twix, and Ferrero Rocher, triggered legal action from Mondelez, prompting Tony’s Chocolonely to replace the contentious purple colour with grey.

While Tony’s Chocolonely plans to challenge the injunction, it has opted for compliance by altering the packaging until the legal matters are resolved. The company reiterated its advocacy for fair compensation for farmers, emphasizing a focus on addressing industry challenges rather than legal battles.

This isn’t the first instance of Tony’s Chocolonely making headlines with its advocacy efforts. In 2021, the Dutch brand garnered attention for an advent calendar with one window intentionally left empty to underscore inequalities in the chocolate industry. Despite its intent to spark dialogue for change, the move faced criticism from parents whose children were disappointed by the missing chocolate behind the window.