Pickle brand’s lawsuit says a competitor stole its 100-year-old recipe
Shoppers in Whole Foods Markets’ pickle aisles might find two brands that appear to be nearly identical, according to a lawsuit.
Grillo’s Pickles and Patriot Pickle, which often sit on adjoining shelves, are made with the same ingredients and contain similar nutrition facts, the lawsuit says. They taste and look so similar, Grillo’s Pickles says, that the company recently filed a lawsuit alleging Patriot Pickle stole its 100-year-old recipe to create its own line of pickles with Whole Foods.
Patriot learned Grillo’s recipes while the companies partnered for almost a decade, according to the lawsuit, which was filed June 27 in the U.S. District Court for the Southern District of Florida. Grillo’s is asking that Patriot remove all of its products allegedly created with its recipes from restaurants and stores.
“It’s a massive violation of trust and a disappointment that after nearly a decade of partnership, our former co-packer, Patriot Pickle, has violated our agreements and is producing a nearly identical line of pickles for one of our biggest retailers, threatening to permanently damage our business,” Grillo’s President Adam Kaufman said in a statement.
Patriot Pickle, which is based in Wayne, New Jersey, did not respond to a request for comment.
Grillo’s has filed two lawsuits against Patriot this year. In a January complaint, Grillo’s alleged that Patriot falsely advertised by claiming its pickles at Wahlburgers were natural when they contained an artificial preservative. In court filings, Patriot Pickle has asked a judge to dismiss the case, saying Grillo’s lacks standing and hasn’t proved the claims. The case is ongoing.
In 2004, Patriot began supplying pickles to restaurants and grocery stores across the country, its website states. Travis Grillo founded Grillo’s Pickles in the Boston area four years later with his grandfather’s recipe, the lawsuit says.
In 2012, Grillo’s partnered with Patriot, which manufactured, packaged, labeled and shipped Grillo’s pickles, the lawsuit alleges. Both companies signed nondisclosure agreements as Grillo’s provided its business associate with its all-natural recipes and packaging processes, according to the lawsuit.
When Grillo’s used a cleaning machine in Patriot’s facility in May 2015, the companies signed another agreement to not disclose recipes, the lawsuit says.
Grillo’s terminated its partnership with Patriot in the summer of 2021, the lawsuit says, but Patriot did not return all of its copies of Grillo’s recipes. Sometime around this May, Patriot began selling pickles under a Whole Foods 365 label, the lawsuit states.
Four pickle flavors – Hot Pickle Spears, Pickle Spears, Dill Pickle Chips and Whole Dills – taste and look nearly identical to Grillo’s variations, the lawsuit alleges.
“Patriot willfully and maliciously, and without authorization or consent from Grillo’s, has shared Grillo’s trade secrets,” the lawsuit says.
According to pictures included in the lawsuit, both brands’ Dill Pickle Chips are made with cucumbers, water, distilled white vinegar, salt, garlic, dill and grape leaves. The Whole Foods pickles contain five fewer calories and 20 fewer grams of sodium per serving, according to pictures included in the lawsuit. The Whole Foods pickles are about 30 percent cheaper than Grillo’s pickles, the lawsuit says.
Grillo’s wants Patriot to return or destroy copies of its recipes and is requesting compensation for damages and attorneys fees. Patriot is due to respond to the complaint by July 18.
“Patriot’s use of recipes and processes stolen from Grillo’s to roll out a nearly identically formulated line of pickles nationwide … threatens to cripple Grillo’s business and customer base irreparably,” the lawsuit states. “It urgently must be stopped.”