Shoppers may need to do a double-take in Aldi’s snack aisle — and Oreo’s parent company isn’t amused. Mondelez International has filed a lawsuit against the discount grocer, accusing it of deliberately copying the iconic blue packaging and cookie design of Oreo, as well as the packaging of several other popular Mondelez products. The legal move ignites a fresh fight over lookalike branding, with Mondelez calling Aldi’s store-brand sweets “blatant copies” of its own.
Mondelez Seeks Damages and Court Order to Block Aldi’s Alleged Imitations
Mondelez International—the company behind iconic snacks like Oreo, Triscuit, and Chips Ahoy—filed a federal lawsuit on May 27th against German discount grocer Aldi in the Northern District of Illinois. In the complaint, Mondelez, headquartered in Chicago, alleges that Aldi’s packaging for several cookies and crackers is designed to mislead shoppers by closely resembling its own well-known products.
Known for offering lower-cost, private-label alternatives, Aldi is accused of mimicking the appearance of popular Mondelez brands, including Oreo, Teddy Grahams, BelVita, Triscuit, and Tate’s Bake Shop cookies. Mondelez claims it previously alerted Aldi to these lookalikes, prompting the grocer to discontinue or modify some of the allegedly infringing items.
However, the lawsuit contends that Aldi continues to market peanut butter crème-filled cookies, chocolate chip cookies, and Thin Wheat crackers in packaging that closely imitates the designs of Nutter Butter, Chips Ahoy, and Wheat Thins. Mondelez argues that, if left unchecked, Aldi’s actions could cause lasting damage to the reputation and distinctiveness of its brands.
The company is seeking financial compensation and a court order to stop Aldi from selling the products in question.
Mondelez has sued Aldi, claiming the latter’s generic versions of Nabisco products deliberately copy the colors and fonts of the name brand products. They also claim “Original”, “Round”, and “Thin Wheat” deliberately evoke “Oreo”, “Ritz”, and “Wheat Thins”. pic.twitter.com/HV4I0RTpGU
— Ryan W. Mead (@rwmead) June 2, 2025
Mondelez’s Case Hinges on Whether Aldi’s Packaging Misleads Shoppers
Mondelez’s lawsuit against Aldi does have a solid legal basis, especially when it comes to trademark and trade dress protections. The core issue is whether Aldi’s packaging is so similar to Mondelez’s that it confuses consumers into thinking they’re buying the original brand’s product rather than a cheaper substitute. Trademark law aims to protect consumers from this kind of confusion and to safeguard the brand owner’s goodwill.
Trademark lawyer Josh Gerben, who is not involved in the case, explains it well to CNN: “I can go to the store and reasonably assume that I recognize the name, and that’s who I’m buying from,” but some customers “think that they might be buying something from the Oreo brand or Wheat Thins, but they’re actually getting a substitute.”
Gerben adds that companies want to “fly close enough to the sun because you want the benefit of something,” but not so close that they cross the line. He notes that such lawsuits are evaluated on a case-by-case basis, and there is no “bright line test” that automatically determines Aldi’s liability. Essentially, the court will weigh how likely it is that Aldi’s packaging causes consumer confusion and whether it unfairly capitalizes on Mondelez’s established brand identity.
Aldi’s History of Packaging Lawsuits Underscores Ongoing Controversy
Mondelez’s lawsuit isn’t Aldi’s first legal battle over its store-brand products closely resembling those of competitors. In December, an Australian federal court ruled that Aldi was liable for copyright infringement after its children’s snack packaging was found to closely mimic the design of Hampden Holdings’ Baby Bellies puffs.
This implies that Aldi has a history of using packaging designs that closely resemble those of competitors. It also strengthens Mondelez’s position by showing that Aldi’s alleged copying is not an isolated incident but part of a recurring issue.
Source: CNN