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Mondelez Sues Aldi Over Lookalike Cracker Packages

Mondelez, the maker of many famous cookie and cracker brands like Oreo, Chips Ahoy!, Ritz, and Wheat Thins is suing Aldi, the deep discount retailer, for deceptive practices in that Aldi’s store brand versions of these products look confusingly similar to the famous brands. [See lawsuit.]

Mondelez vs. Aldi crackers

For example, with respect to Oreos, the Mondelez lawyers assert:

*MOUSE PRINT:

Mondelez has spent hundreds of millions of dollars in the last five years alone in connection with advertising and promoting its goods featuring the OREO Trade Dress [the design and appearance of the packaging] in the United States market and has enjoyed substantial sales and success. To benefit from the reputation, fame and prestige of the OREO Trade Dress and exploit Mondelez’s marketing effort, [Aldi] is marketing and selling private label packaged cookie sandwiches using packaging that blatantly copies the distinctive and iconic elements of the OREO Trade Dress. Aldi adopted the Infringing Sandwich Cookie Packaging with knowledge of Mondelez’s prior rights in the OREO Trade Dress and with intent to mislead or confuse consumers into believing that Defendant’s goods are provided, sponsored, or approved by, or affiliated with, Mondelez.

Of course, Aldi is not the only company that makes their store brands look similar to the name brand they are imitating.

Mondelez lookalikes

Mondelez is alleging trade dress infringement, trademark dilution, and unfair competition.

What do you think? Are shoppers misled into thinking they are buying the name brand at Aldi when they are really purchasing the store brand? Do the lookalike packages somehow imply they are made by or endorsed by the name brand?

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Here We Shrink Again – Spring 2024 – Part 1

Some big brands are continuing to downsize their products despite some easing of the inflation rate… so shrinkflation continues in 2024. A half dozen products are below, and next week we’ll feature another six.

Oreo

People have been complaining about the dollop of creme inside regular Oreos seems to have gotten much smaller. We can’t tell if that is the case with the regular size packages of Oreos, but this product that has been 14.3 ounces for years, just went down 13.29. And similarly, the regular size package of Double Stuf Oreos also decreased.

*MOUSE PRINT:

Oreo regular size pkg

Oreo Double Stuf

In addition, Oreo Thins, with less cream and a thinner cookie is reducing the number of cookies in each package by about four. The “family size” is now only 11.78 ounces down from 13.1. Thanks to Richard G. for spotting the change in Oreo Thins.

*MOUSE PRINT:

Oreo Thins


Kellogg’s Froot Loops

Regular purchasers of Froot Loops might not have noticed a change in the net weight of their cereal because looking at old and new boxes on the supermarket shelf appear to be unchanged. Richard G. spotted the first change in January.

*MOUSE PRINT:

Froot Loops

They have gone from 10.1 oz. to 8.9 oz. first and then to 7.9 oz. What magic did Kellogg’s perform?

*MOUSE PRINT:

Froot Loops Tops

The way Kellogg’s accomplishes the package looking the same on the shelf, is to simply narrow the box. Soon they may not be able to stand up anymore. The two shown above were found at a CVS in March 2024 and both were priced the same. We asked Kellogg’s about the way they made the packaging change and if the 7.9 oz. size is made just for places like drugstores. They did not respond to us.


Cottonelle Ultra Clean

Toilet paper is one of the product categories where we see ever-shrinking rolls. And Cottonelle is no exception. The new Cottonelle is supposedly “thicker and stronger” but look how much small the new package is. The old 321-sheet rolls are now only 284-sheets. Thanks to our ace shrinkflation detective, Richard G. for spotting this change.

*MOUSE PRINT:

Cottonelle


Puffs Tissues

These Puffs tissues lost eight tissues in every box, going from 56 down to 48. Thanks to Jack K. whose thoughts about Puffs led us to this example.

*MOUSE PRINT:

Puffs


Ritz Bits

Snack foods have always been prime targets for shrinkflation. Here, Ritz Bits went from 8.8 ounces per bag down to 7.5.

*MOUSE PRINT:

Ritz Bits


If you find a product recently hit by shrinkflation, please take side-by-side pictures of the old and new, including the net weight or net count and email them to Edgar(at)ConsumerWorld.org . Thanks!

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Here We Shrink Again – Spring 2023

Some big brands are continuing to downsize their products as shrinkflation continues.

Bounty Paper Towels

In the seemingly never-ending shrinking of Bounty towels, the double rolls have just gone down from 98 select-a-size sheets to just 90. The new packages are noticeably lighter.

*MOUSE PRINT:

Bounty 98-90

The triple rolls of Bounty were also downsized from 147 select-a-size sheets per roll to 135. Thanks to Richard G. for spotting that.


Gain Detergent

P&G continued its downsizing with Gain liquid laundry detergent. The now standard 92-ounce size just lost four ounces and is down to only 88 ounces. It is hard to tell any difference between the bottles. Could Tide be next?

*MOUSE PRINT:

Gain detergent 92-88 oz


Oreo Double Stuf Cookies

People have been complaining about the amount of filling (the “stuf”) in Oreos decreasing lately. We don’t know if it has actually changed or not. But one thing for sure is some of their packages are getting smaller. In addition to regular Oreos and some of gluten-free ones, the family size bags of Double Stuf Oreos now have four fewer cookies in each bag. Perhaps the family got smaller.

*MOUSE PRINT:

Oreos


Dawn Dishwashing Liquid

Dawn is another one of those brands that periodically changes sizes. This time, the 19.4-ounce bottle was downsized to 18 ounces. Did you notice?

*MOUSE PRINT:

Dawn


BD Syringes

Colleen M. reported that even medical products are getting downsized. In particular, BD brand syringes used for injecting insulin have gone from 100 in a box down 10-percent to just 90. Yet, the package erroneously still says there are 10 multi-packs inside when there are really only nine. Our consumer went on to say, “The packaging has not changed at all, the box is the same size (making people think they are getting the same amount), but we are now getting 10% less.”

BD syringes


Sara Lee Bagels

When you buy a baker’s dozen of bagels, you get one additional bagel. What do you call it when you buy a pakcage of Sara Lee bagels and get one less? Steve C. of Arizona says it is a sneaky change.

*MOUSE PRINT:

Sara Lee bagels


Umpqua Frozen Yogurt

This brand of ice cream and frozen yogurt, primarily distributed in western states, was one of the last holdouts to reduce their 56-ounce containers to 48 ounces. Thanks to Janet W. and Michael F. for this tip.

*MOUSE PRINT:

Umpqua


Crest Gum Detoxify

P&G continues to shrink various varieties of their toothpastes. This time it is Crest Detoxify which went from 4.1 ounces to 3.7 ounces — about a 10% reduction.

*MOUSE PRINT:

Crest Detoxify


Kettle Potato Chips

Snack foods, and in particular potato chips, are one of the categories of groceries that keep being downsized. This time, it is Kettle potato chips going from 8.5-oz. bags to 7.5-oz. bags.

*MOUSE PRINT:

Kettle potato chips


All Free & Clear Pacs

Another category subject to periodic shrinkage is laundry detergents. This time, it is All Free & Clear’s turn, where the number of laundry pacs in one of their larger sizes had gone from 66 to down 60. So you get a half a dozen fewer loads per bag.

*MOUSE PRINT:

All Free & Clear


Kellogg’s Corn Pops

They used to call these “Sugar Pops” years ago, but Kellogg’s found a healthier-sounding way to market them. The small 10-ounce box appears to be getting company in places like drugstores with an even smaller box being introduced –one with over 20-percent less. To see them head-on, they look identical.

*MOUSE PRINT:

Kellogg's Corn Pops

We asked Kellogg’s if the 7.8 oz. size was replacing the 10-oz. one. Customer service responded, “Both sizes are currently in the market and it is up the retailer to decide which sizes they will carry.” Walgreens apparently carries both at the moment, and at the same price.

Corn Pops at Walgreens

The large size of Corn Pops also is being downsized from 14.3 ounces to 13.1 ounces. The new box is actually taller than the old one (but narrower), costs 20 cents more at our Stop & Shop, and provides nine servings instead of ten!

Kellogg's Corn Pops Large


Ortega Taco Shells

Nick B. told us about Ortega taco shells in “new look” packages, that almost an ounce going from 5.8 ounces to 4.9. And he said, they no longer came in a protective tray. The change took place around the fall of 2022.

*MOUSE PRINT:

Ortega tacos


Thanks to all our submitters. If you find an item that has recently gotten smaller, please send a sharp, side-by-side picture of the old and new product, showing the net weight or net count to Edgar (at symbol) ConsumerWorld.org . Thanks!