Cases

Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd

Facts

The Claimant is one of the world’s leading manufacturers and suppliers of the artificial sweetener aspartame. The Defendant owns and operate supermarket chain ASDA. ASDA manufactures certain food and drink products under its own brand. In May 2007, ASDA announced a “No Nasties” marketing campaign in which it vowed to remove artificial colours and flavours from its own-brand food and soft drinks. One particular substance targeted in the Campaign for removal from its own-brand food and drink was aspartame. The Claimant brought malicious falsehood proceedings in connection with the campaign complaining that it suggested that aspartame was harmful or unhealthy, or potentially harmful or unhealthy. ASDA denied this meaning, contending that the product packaging meant only that there was no aspartame in the product. The Claimant applied for a preliminary issue on meaning.

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