PHILADELPHIA (CN) - The 3rd Circuit has allowed Johnson & Johnson to proceed with a lawsuit against Heartland Sweeteners and Heartland Packaging Corp., which make and package artificial sweeteners that look like the plaintiff's popular Splenda sucralose.
McNeil Nutritionals, the Johnson & Johnson subsidiary that makes Splenda, has proven the "likelihood" that consumers will confuse Heartland sweeteners with Splenda products.
Heartland sells its store-brand sweeteners in supermarkets and gas stations, including Giant, Stop & Shop, Safeway, Albertson's and Wal-Mart. See ruling.
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