International food retail group Delhaize has been ordered by a Belgian National Court to stop using “misleading communication” against palm oil following an appeal in Brussels brought by Italian confectionery giant Ferrero.
Earlier this month the Belgian Court of Appeal declared that the Belgian supermarket chain must ditch using incorrect communication in relation in palm oil following claims in its marketing that go back several years.
The court agreed with Ferrero that Delhaize had launched a misleading advertising campaign centering on palm oil as an ingredient in Nutella and other products, while Delhaize own private brand does not contain palm oil. Misleading statements included Delhaize’s own chocolate spread being better for the planet.
The Court of Appeal evaluated the argument brought forward by Ferrero and confirmed that Delhaize’s advertising for its sweet spread is incorrect and illegitimate.
The Courts sustains Ferrero’s arguments that it is illegal to claim that a product without palm oil is de facto better for environment and has better nutritional qualities than one containing palm oil.
Ferrero particularly objected to the advertising which it claimed tarnished its own brand of Nutella.
Initially the commercial court in Brussels ruled in favor of Delhaize, but the Court of Appeal has now turned the decision around in favor of Ferrero.
In a statement, Ferrero, says the court sustains its arguments that it is illegal to claim that a product without palm oil is de facto better for environment and has better nutritional qualities than one containing palm oil.
“Ferrero has always offered its consumers products of the highest quality and believes in the importance of providing them with objective and correct information to enable them to make free and informed choices. For these reasons, we fully welcome the Court’s decision, which represents a significant step in contributing to the circulation of impartial information,” the company statement says.
“Ferrero hopes to move on from this and continue its fruitful relationship with Delhaize.”