Grillo's Is Suing A Whole Foods Brand For Stealing Its Family Recipe
A large part of the success of Grillo's Pickles is linked to the brand's proprietary pickle recipe, which is based on a 100-year-old recipe developed by the founder's grandfather. According to a recent press release, this formula is at the center of a lawsuit filed by Grillo's against Patriot Pickle, which produces pickles for a private label Whole Foods brand. As a former co-packer for the century-old business, Patriot Pickle worked closely with Grillo's for almost a decade. Now Grillo's claims that Patriot Pickle is using the same ingredients, recipes, and equipment to create the Whole Foods line.
The lawsuit alleges that Patriot Pickle broke numerous laws, including the Florida Uniform Trade Secrets Act (the suit was filed in the state of Florida) and the Defend Trade Secrets Act. Grillo's is also citing breach of contract based on claims that Patriot Pickle disclosed trade secrets. Surprisingly, this is the second time in the last year that Grillo's felt compelled to file suit against its former partner.
The pickle producers have faced off before
As reported by Food Business News, Patriot Pickle was the subject of a lawsuit back in January due to its collaboration with Wahlburgers. In this case, Grillo's Pickles filed a suit against Wahlburgers, Patriot Pickle, and ARKK Food (which manages the Wahlburgers line of retail goods) for claims made on jars of Wahlburgers pickles. Grillo's contended that text reading "fresh," "all natural," and "no preservatives" on pickle labels were misleading, as the product contained sodium benzoate, an artificial chemical preservative.
In that suit, Grillo's alleges that the misleading claims harms its business by drawing customers away and taking up shelf space that would be otherwise occupied by Grillo's Pickles. In addition to seeking financial relief for what occurred, Grillo's lawsuit also requested that Patriot Pickle label the product with the name of the chemical preservative and describe it as such on labeling. While these suits are still ongoing, it appears that Grillo's will be keeping Patriot Pickle's legal department busy for some time.