• by Karlene Lukovitz  @KLmarketdaily, January 11, 2016

Chobani's first big ad campaign for Chobani Simply 100, launched Jan. 6, has set off a legal dispute with competitor Dannon.

The thrust of the campaign is that both Dannon Light & Fit and another competitor, Yoplait Greek 100, contain artificial ingredients, while Chobani 100 does not.  

One of Chobani's TV ads ("Pool," screen capture at left) states: "Dannon Light & Fit Greek actually uses artificial sweeteners like sucralose...that stuff has chlorine added to it" — and shows a woman tossing a carton of the Dannon product into a wastebasket, as the voiceover says: "Now there's Chobani Simply 100...It's the only 100-calorie light yogurt sweetened naturally." 

Another ("Fruit Stand") says that Yoplait Greek 100 "actually uses preservatives like potassium sorbate...that stuff is used to kill bugs," versus "zero preservatives" in Chobani Simply 100.

Chobani Simply 100's labels state that its ingredients include stevia leaf and monkfruit extracts, evaporated cane juice, pectin, locus bean gum and guar gum. 

Both of the ads use Chobani's existing "To Love This Life is to Live It Naturally" marketing song and both offer the hashtag #NOBADSTUFF on screen at the end. The campaign also includes social media, newspapers, People magazine, coupons and promotions in the Lifetime Fitness gym chain.  

The day after the campaign launched, Dannon sent Chobani a cease-and-desist letter demanding that it immediately stop the campaign, contending that the ads are misleading and deceptive to consumers and damaging to Dannon's brand. The ads violate the Lanham Act, which protects companies from unfair competition, as well as New York State law, Dannon charged.  

"Like many reduced-calorie foods, Light & Fit Greek nonfat yogurt contains sucralose, an FDA-approved ingredient that has been safely and widely used as a sweetener in foods for more than 15 years,” Dannon spokesperson Michael Neuwirth told The New York Times.

General Mills, for its part, offered a statement from media relations manager Mike Siemienas: "The statements made by Chobani in their latest attempt to sell more yogurt are entirely misleading, and we don't think consumers appreciate that kind of approach." Siemienas described potassium sorbate as a salt used in small quantities in yogurt to prevent mold and yeast growth. 

Chobani quickly filed a counter-complaint against Dannon, seeking a declaration from the court that the statements made in Chobani's campaign are true and accurate, not false, misleading or disparaging.

Peter McGuinness, Chobani's chief marketing and brand officer, maintains that contrary to running attack ads, the company is "empowering consumers with facts and information to help them make more informed decisions when they're buying food for themselves and their family. We know people are concerned about artificial sweeteners in their food, and this campaign is about giving them truthful and accurate information."

On its Twitter account, Chobani posted a link to its press release, which is headlined: "Chobani Files Suit In Response To Dannon's Attempts To Stop Chobani From Telling Consumers The Truth About Artificial Sweeteners."

Chobani Simply 100 was launched in 2014, two to three years after the Dannon and Yoplait light Greek products. McGuinness told Ad Age that after tweaks in the formulation and new packaging, the line (which now also has a version with crunchy add-ons) saw double-digit sales growth, and that Chobani has upped Simply 100's budget for a major marketing push during 2016.