Wahlburgers pickle distributor seeks dismissal of class action lawsuit

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Update:

• A distributor for Mark Wahlburg’s restaurant company asked a judge to dismiss claims that his pickle company, Wahlburgers, falsely advertises its products, misleading consumers about being “all natural.” 
• In a memorandum filed Feb. 7 in a New Jersey federal court, distributor Patriot Pickle Inc., a codefendant in the case, argued the claims should be dismissed against itself, Wahlburgers and Arkk Food Co. 
• The company argues that an injunction is not required to block the companies from distributing Wahklburgers pickles because after they discovered that the pickles “inadvertently” contained a non-natural preservative, manufacturers immediately changed their processes to fix the issue.
• Grillo’s Pickles Inc. alleges Wahlburgers pickles are made with artificial chemical preservatives despite labeling its product as “fresh” and “all-natural.” Grillo’s claims the false statements “have allowed Wahlburgers pickles to access and compete with Grillo’s in the fresh, artificial-preservative-free pickle market.”

Wahlburgers false claims lawsuit overview:

• Who: Grillo’s Pickles Inc. filed a lawsuit against Patriot Pickle Inc., Arkk Food Co. and Wahlburgers I LLC, alleging the companies make false claims in selling their pickles.
• Why: Grillo’s says the defendants falsely claim their pickles are all-natural and contain no preservatives.
• Where: The lawsuit was filed in New Jersey federal court.

(Jan. 6, 2023)

Grillo’s Pickles Inc. filed a lawsuit over claims that its competitor, Wahlburgers, falsely advertises its products, misleading consumers about preservatives. 

Grillo’s alleges Wahlburgers I LLC pickles are made with artificial chemical preservatives despite labeling its product as “fresh” and “all-natural.” Grillo’s claims the false statements “have allowed Wahlburgers pickles to access and compete with Grillo’s in the fresh, artificial-preservative-free pickle market.”

Patriot Pickle Inc., a co-defendant, manufactures, packages, labels and ships Wahlburgers pickles on behalf of Arkk Food Co., another co-defendant, and Wahlburgers I LLC.

Grillo’s claims Walburgers pickles, packaging ‘extremely similar’ to its own

Grillo’s states Patriot Pickle Inc. served as a co-packer for its company from 2014 to 2021. During that time, Grillo’s “trusted Patriot with Grillo’s proprietary pickle recipes and specific manufacturing and packaging processes to produce pickles that do not contain preservatives while still maintaining a lengthy shelf life,” according to the Wahlburgers lawsuit.

Grillo’s ended the co-packing relationship in the summer of 2021. The lawsuit states Patriot began to produce and ship Wahlburgers pickles, using the same containers and naming conventions and featuring the word “fresh” in all capital letters. It also claims “the Wahlburgers pickles taste extremely similar to Grillo’s.”

Grillo’s testing found Walburgers pickles contain between 424 and 641 parts per million of a preservative chemical that is not listed on labels, according to the Walburgers lawsuit.

“In short, Defendants have created pickles that copy Grillo’s as closely as possible, thus giving the false and misleading impression that Wahlburgers pickles, like Grillo’s, are free from artificial preservatives,” the lawsuit states. 

The misleading marketing and similar packaging gives Wahlburgers a competitive advantage because its preservatives allow for longer shelf life and an ability to hold inventory longer, the Wahlburgers lawsuit states. Grillo’s also claims that customers who seek “real food” or “clean labeling” would choose to not buy Wahlburgers if they knew about the unlabeled preservative.

In other Wahlberg news, fitness franchisor F45 Training, a gym promoted by Mark Wahlberg, faces a class action lawsuit alleging it failed to disclose important information about its business model in violation of federal security laws.

Have you purchased Wahlburgers pickles because you thought they contained no preservatives? Let us know in the comments.

Grillo’s represented by Christina I. Crowley, Marshall M. Searcy III and Gregory A. Fuoco of Quinn Emanuel Urquhart & Sullivan LLP.

The Wahlburgers false claims lawsuit is Grillo’s Pickles Inc., a Delaware corporation v. Patriot Pickle Inc., a Delaware corporation, et al., Case No. 2:23-cv-00011, in the U.S. District Court for the District of New Jersey.

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