Smucker goes to court to protect the design of its Uncrustables sandwiches

The J.M. Smucker Co. says it doesn’t have a problem with other companies selling their own prepackaged, crustless sandwiches like its own popular Smucker’s Uncrustables. They just have to get their own design.

Uncrustables is on its way to becoming a $1 billion brand, so of course there will be knockoffs, but according to Smucker, a recent Trader Joe’s version of Crustless Peanut Butter & Strawberry Jam Sandwiches is a bit too blatant. The company is using the design of the Trader Joe’s product and packaging to prove its point in a new lawsuit.

Smucker accused the grocery store chain of “an obvious attempt to trade off of the fame and recognition” of Uncrustable’s protected design marks in a suit filed Monday in the U.S. District Court for the Northern District of Ohio. The round shape and crimped edges of Trader Joe’s crustless sandwiches, which it released in late summer, look too similar to Uncrustables, Smucker says.

“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” attorneys for the Orrville, Ohio-based food and beverage manufacturer wrote in the suit. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”

Smucker, which reported annual net sales of $8.7 billion in the most recent quarter, says it has invested nearly $1 billion over 20 years to grow its brand of crustless sandwiches into the No. 1 frozen handheld brand in its category. It’s paid off even as Smucker’s snack brands like Hostess Twinkies and Ding Dongs, which have recently rebranded, struggled in a shifting snack food landscape.

CFO Tucker Marshall said on Smucker’s August earnings call that Uncrustables is a “growth brand” for the company, along with the pet food brands Meow Mix and Milk-Bone. Marshall said that “people who are consuming Uncrustables for the most part are athletes, families with kids,” and that the brand performs strongly at universities and convenience stores.

“We really haven’t seen any impact at all from the GLP-1,” Marshall added, referring to weight-loss medications that are driving a trend toward healthier, high-protein snacks. The importance of Smucker’s Uncrustables in the company’s portfolio helps underline the urgency of the lawsuit.

In the suit, Smucker argues its trademarks for images like a “pie-like shape with distinct peripheral undulated crimping” as well as “a round crustless sandwich with a bite taken out showing filling on the inside” are being duped by Trader Joe’s without authorization. The suit extends to packaging concerns, as Smucker believes even the blue used for Trader Joe’s box of crustless PB&J sandwiches is strikingly similar to the blue used in the Uncrustables logo.

Smucker is seeking damages and demanding that Trader Joe’s destroy all the products, packaging, and promotional materials that use the current designs. Trader Joe’s did not respond to a request for comment.

There are other crustless sandwich brands that don’t use the Uncrustables-style circular shape and crimped design, like the square-shaped Jams and Walmart’s Great Value No Crust Sandwich. Chubby Snacks originally launched with circular sandwiches before getting hit with a cease-and-desist from Smucker. It pivoted in 2021 to a cloud-shaped sandwich.

Smucker’s suit follows a May lawsuit filed by Mondelez International against Aldi accusing the grocery store chain of duping the packaging of popular snack brands like Oreo and Nutter Butter. Aldi unveiled redesigned private-label packaging in September amid a wider industry trend toward upgrading generic branding that has spanned from Amazon to Walmart.

As lawsuits like those from Smucker and Mondelez show, with a rise in private-label competition, the big industry players are ready to protect their own branding, and with teeth if necessary.

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