Key facts
- Mondelēz sent Moo Free a legal letter accusing it of trademark infringement over its White Choccy Snowballs.
- Moo Free said it had sold the Snowballs for about two years before being told to remove them from sale.
- Moo Free said it did not accept that any infringement had been established and had responded to the letter.
- Mondelēz said no legal action had been taken and that it was open to an amicable resolution.
- The dispute follows Mondelēz legal action against vegan brand Catherine's Originals over its O'bar.
Mondelēz International, owner of Cadbury and Toblerone, has sent a legal letter to the small vegan chocolate brand Moo Free, accusing it of trademark infringement by selling its White Choccy Snowballs, according to a report. Moo Free says it has sold the gluten-free biscuit-flavoured rice balls covered in dairy-free white chocolate for about two years, and that Mondelēz demanded it immediately remove the items from sale just ahead of the busy Christmas period.
Cadbury Snowballs first launched in the UK in 1966, and Cadbury registered the words Snowball and Snowballs as a trademark for chocolate confectionery in 2001. Its Mini Snow Balls, made from Dairy Milk chocolate covered in a crispy shell of white icing sugar, have been sold in their current form since 2023.
Mike Jessop, who co-founded Devon-based Moo Free in 2010 with his wife when they could not find allergen-free chocolates for Easter or Christmas, said the company began selling online before being picked up by Waitrose and then other supermarkets. He said he had "never even heard of" Cadbury Snow Balls and was lactose intolerant so could not try one. He was surprised Mondelēz had been so "heavy-handed" and questioned whether an apparently generic term could be trademarked. "It's a snowball, it is not like we are making a Freddo," he said, referring to Cadbury's frog-shaped bar.
In a letter to customers, Moo Free wrote: "Moo Free takes intellectual property concerns seriously. However, we do not accept that any infringement has been established and have responded accordingly ... We are disappointed to find ourselves in this position, and we stand in solidarity with Catherine's Originals as it addresses its own situation. We hope to resolve these matters appropriately."
A spokesperson for Mondelēz International said: "Cadbury Snow Balls are one of our most popular Christmas products, enjoyed by households across the UK. No legal action has been taken, but we have been in touch with Moo Free to make them aware of our trademark. We are open to reaching an amicable resolution."
The dispute follows Mondelēz launching legal action days earlier against another small vegan chocolate brand, Catherine's Originals, which it accused of copying the chunky shape of Toblerone with its O'bar. In 2014, Tunnock's and Lees of Scotland won legal action against HMRC after proving their coconut-covered confections were sufficiently similar to cakes for a VAT exemption, and snowballs from the two suppliers were subsequently given their own VAT-free status.