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Our Work for the Food Industry

Representative Cases:

Our Experts worked for one of the largest manufacturers of 100% cranberry juice. At the time, 100% cranberry juice was considered a premium health food product. A competing juice manufacturer was labelling their cranberry juice cocktail as cranberry juice. Our client alleged this labelling led to consumer confusion and lost sales of their premium product. Our Expert did a market survey to confirm there was consumer confusion and calculated lost sales. Our work was accepted by the Court and resulted in several million dollars of damages.

Our Experts worked for a manufacturer of vegan foodstuffs involved in a trade dress lawsuit. They had signed a trademark coexistence agreement with a similarly-named company. When the other company breached the contract, Our Experts calculated lost sales through (i) the date of the breach, and (ii) through the date of the original agreement. Our conclusions were ultimately accepted, resulting in several million dollars of damages for the 100% cranberry juice manufacturer.

Our Experts worked on a class action lawsuit involving one of the most popular brands of vodka. The vodka cultivated brand image of small-batch, artisanal quality, which the class alleged this as false advertising. Our Experts analyzed how the defendant’s vodka was priced compared to premium and standard vodka brands. Our Experts calculated the price premium between the defendant’s vodka and standard vodka, and rebutted an opposing expert that calculated damages using the price premium of the top vodka brands.

Our Experts appraised a manufacturer of novelty, frozen cocktails pops as part of a dispute between the company and a former employee and alleged minority owner. The appraisal was complicated by the loss of their their largest customer (who accounted for more that three-quarters of their business) and runaway financing costs to expand their production capacity (which were never used). We ultimately concluded whatever value existed was swallowed up by the company’s debt.

Our Experts worked with one of the largest manufacturers of authentic Asian food in the US. The company had an dispute with their suppliers where their packagers were not sealing properly, leading to lost production capacity in order to reseal and re-sterilize their goods. Our Experts calculated their lost sales, which were consistent with the damage estimates from company leadership. This led to a favorable settlement for our client.

Our Experts worked with a regional, Hispanic grocery store chain. They received a bad batch of maize, which is an essential ingredient to make tamales. The following years, the grocery store suffered decreased sales. Our Experts calculated past and future lost profits. Our conclusions were used to achieve a favorable settlement.

Credit: Darya Sannikova

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