Home LifestyleSmuckers is Taking Legal Action Against Trader Joe’s Regarding Their Uncrustables Imitation

Smuckers is Taking Legal Action Against Trader Joe’s Regarding Their Uncrustables Imitation

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Smuckers is Taking Legal Action Against Trader Joe's Regarding Their Uncrustables Imitation

Welcome to Deep Dish, your weekly summary of food and entertainment updates. Last week, we talked about the potential presence of lead in your protein powder.

Grocery giant Trader Joe’s and jam leader Smucker are currently at odds. The crux of their disagreement? PB&Js. Specifically, Smucker is suing Trader Joe’s for supposedly imitating their trademarked Uncrustables by introducing their own Crustless Peanut Butter and Strawberry Jam Sandwiches.

This week, Panera, which recently faced backlash over its highly potent energy drinks, is making a bold second attempt. Bird flu is making a return, affecting turkey availability just before Thanksgiving, and it turns out it’s not just rude to keep your phone on the dinner table—it’s also somewhat unsanitary.

The conflict over crustless sandwiches has begun. Smucker claims trademark infringement not based on the sandwich recipe, but on its shape, defined in legal terms as round and pie-like, “with distinct peripheral undulated crimping.” The Washington Post performed a blind side-by-side examination, revealing that “The TJ’s sandwich had a slightly squared shape, but could be mistaken for a circle if not observed closely.” Importantly, they noted that the characteristic undulated crimping was only found on one side of the TJ’s copy, while the original Uncrustables had crimping on both the top and bottom. This is not the first time Trader Joe’s has found itself in such a dispute; most recently, they faced accusations from Brooklyn Delhi regarding having copied their achaar after a potential collaboration with the brand fell through. We’re interested in how this one unfolds.

At the end of 2023, Panera faced a slew of lawsuits regarding its Charged Lemonade, a highly caffeinated beverage (containing up to 236 milligrams of caffeine, exceeding half of the safe daily limit) that allegedly caused two fatal cardiac events and resulted in one plaintiff suffering long-term heart problems. Panera ultimately discontinued the drink, though not right away (a legal specialist suggested to CNN that a quick withdrawal would have seemed like an admission of fault, potentially harming reputation). The chain appears eager to return to this concept and is trying out new “energy refreshers” in targeted markets over a span of 12 weeks, according to USA Today. We hope these will provide a less dangerous buzz.

One of the very first articles I penned for Bon Appétit in November 2022 focused on bird flu affecting turkey farms before the festive season. Every year since, that story has resurfaced regularly. The New York Times states that the situation is further complicated by the government shutdown and understaffed federal agencies like the CDC and the Department of Agriculture. As in previous years, the restricted supply is likely to drive turkey prices up during the Thanksgiving season. “This is likely to become the new norm,” influenza specialist Richard Webby informed the Times.

Some argue there exists a range of acceptable phone usage during dinner. Scrolling through TikTok while seated opposite a dining companion? Clearly rude. Leaving the phone face up on the table? An improvement, though it invites distracted glances with each notification. Face down? Even better! Yet, still not ideal. According to etiquette authority and author Maggie Hennessey, having your phone out at all implies to your dining partner that their attention isn’t fully on them. “Once you’ve stopped scrolling, chosen your order, or snapped a quick picture of your drink, or when a server comes by to check in,” she notes, “think of it as stepping into a new environment, and put your phone away.” Additionally, our phones can be compared to small petri dishes, “harboring 10 times more bacteria than toilet seats,” she states. Not exactly what you want near your meal.

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