Snack giant Mondelez International has filed a federal lawsuit against Aldi, accusing the discount grocer of mimicking its product packaging to mislead consumers and benefit from its brand recognition. The suit, filed Tuesday in Illinois, claims Aldi’s packaging for various store-brand cookies and crackers closely imitates well-known Mondelez products, including Oreos, Chips Ahoy, and Wheat Thins.
According to the Chicago-based company, Aldi’s packaging is “blatantly copying” and is likely to “deceive and confuse customers,” causing irreparable harm to Mondelez’s brand reputation and market presence. Mondelez is seeking financial damages and a court order to prevent Aldi from continuing to sell the allegedly infringing items.
A request for comment from Aldi has not yet been returned.
The lawsuit includes side-by-side comparisons of Aldi’s products and their Mondelez counterparts. For instance, Aldi’s Thin Wheat crackers are packaged in a gold box resembling Wheat Thins, while its chocolate sandwich cookies use blue packaging similar to Oreos. Aldi’s Golden Round crackers also come in a red box like that of Ritz crackers.
Aldi, a German-owned discount retailer with U.S. headquarters in Batavia, Illinois, is known for offering low prices primarily through its in-house branded products. However, this business model has brought legal scrutiny in the past. In 2023, an Australian court ruled that Aldi had violated the copyright of Baby Bellies snack puffs with similar packaging. Earlier this year, a U.K. appeals court sided with Thatchers cider in a case against Aldi over similar label designs.
In the new lawsuit, Mondelez claims it repeatedly contacted Aldi regarding the allegedly “confusingly similar packaging.” While Aldi altered or discontinued some items, Mondelez alleges the retailer continues to sell other lookalike products.
In the lawsuit, Mondelez displayed side-by-side photos of multiple products. Aldi’s Thin Wheat crackers, for example, come in a gold box very similar to Mondelez’s Wheat Thins. Aldi’s chocolate sandwich cookies and Oreos both have blue packaging. The supermarket’s Golden Round crackers and Mondelez’s Ritz crackers are packaged in red boxes.
The complaint further accuses Aldi of infringing on the trade dress—a form of intellectual property covering visual design—of other Mondelez brands, including Nutter Butter, Nilla Wafers, and Premium crackers.
Aldi, originally founded in Germany, keeps prices low by focusing on private-label products. It has become one of the fastest-growing grocery chains in the U.S., now operating over 2,500 stores across 39 states. On Friday, the company announced that current Chief Operating Officer Atty McGrath will step into the role of U.S. CEO effective September 1.
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