Milling & Baking News - October 24, 2017 - 12

Business X

B.B.U. awarded $2.1 million
in trade secret dispute
SALT LAKE CITY - A jury in the U.S.
District Court for the District of Utah,
Central Division, on Oct. 6 awarded
Bimbo Bakeries USA $2,105,256 after
determining the company suffered damages from trade secret misappropriation
and false advertising.
In the filing, the court determined that
United States Bakery, Inc. was responsible for $1,578,942 in damages, while
Leland Sycamore was responsible for
$526,314 in damages Mr. Sycamore sold
his baking business to Metz Baking Co.,
the predecessor to EarthGrains (later acquired by B.B.U.), in 1998. At that time,
Mr. Sycamore agreed not to disclose confidential information related to Grandma Sycamore's.
The lawsuit dates back to August 2013,
when the complaint was raised that US
Bakery's reintroduction of Grandma

Emilie's bread to the market was too
similar to B.B.U.'s Grandma Sycamore's
bread. US Bakery had acquired the
Grandma Emilie's brand as part of its
acquisition of certain assets of Hostess
Brands, Inc., but in reintroducing the
product to market US Bakery altered the
packaging in such a way that B.B.U.
said it infringed on its trademark
dress for Grandma Sycamore's
bread.
In the Aug. 7, 2013, filing,
B.B.U. indicated that Grandma Sycamore's bread is
made through a proprietary and confidential process known as
"Grandma Sycamore's
Trade Secret Process."
"The Grandma Sycamore's Trade Secret Process BIMBO BAKERIES USA

Kerry Group confirms acquisition
of probiotics company Ganeden
TRALEE, IRELAND - Kerry Group
P.L.C. on Oct. 11 confirmed its acquisition
of Ganeden, Inc., which offers patented
probiotic ingredients. The acquisition
will fit into Kerry's nutrition, wellness
and functionality portfolio, said Edmond
Scanlon, chief executive officer and executive director of Tralee-based Kerry Group,
during the company's capital markets day.
"Our acquisition of Ganeden strengthens our position in the nutritional actives
market and enables us to use additional
technologies to build our immune health
and gut health market platforms," said
Frank Hayes, director of corporate affairs
for Kerry Group.
Cleveland-based Ganeden owns more
than 135 patents for probiotic technologies in the supplement, food, beverage,

animal health, sports nutrition and personal care ingredients markets. GanedenBC30 (Bacillus coagulans GBI-30, 6086) is
a patented probiotic ingredient found in
food, beverage, sports nutrition and companion animal products around the world.
Ganeden's probiotic ingredients may be
used in multiple applications beyond dairy
and chilled, said Gerry Behan, executive
director, c.e.o. of Kerry Taste & Nutrition.
"This technology, you can freeze this," he
said on capital markets day. "You can go to
all kinds of process, and (it) still retains efficacy when it is consumed."
The Kerry Group had revenues of
€6,130.6 million in 2016, which included
€4,880 million from the Taste & Nutrition
business.
"Kerry is a well-respected, global

ADM invests in non-G.M.O.
high-protein soybean meal
STRAUBING, GERMANY - Archer
Daniels Midland Co. will be making
further investments at its crushing facility in Straubing to produce non-G.M.O.
high-protein soybean meal. Located in
southern Germany, the added capability
will allow the site to serve ADM's growing portfolio of soybean meal customers
and support local farmers in increasing
the region's soybean output.
12 / October 24, 2017 XMilling & Baking News

The move to processing non-G.M.O.
soybeans is a part of the company's growth
plan.
"The decision to invest in the production of non-G.M.O. high-protein soybean
meal is a logical step after the successful
implementation of non-G.M.O. soybean
processing at the site in May 2016," said
Jon Turney, general manager, European
soybean crush at ADM. "The demand for

results in the creation of a loaf of bread
that is unique because of its combination
of size, weight, thickness, non-commercial appearance with a 'break away' side,
and unique taste," the lawsuit noted.
"The combination of these unique characteristics of Grandma Sycamore's is responsible in part for the product's widespread success."
As a result of the reintroduction of Grandma
Emilie's bread, B.B.U. alleged that the Grandma
Sycamore's trade dress had
been diluted.
In the Oct. 6 filing, the jury
agreed, saying that US Bakery
had engaged in false advertising by using the words "Fresh.
Local. Quality." in connection
with the advertising and promotion
of its products. The jury also found
that B.B.U. had a protectable trade secret and that the defendants had misappropriated a trade secret of B.B.U. MBN
organization with extensive resources that
will take Ganeden's platform to the next
level," said Michael Bush, president and
c.e.o. of Ganeden. "Their research, developments and applications infrastructure will
provide continued growth opportunities for
us globally and aid in the delivery of functional benefits to markets and customers
that would have otherwise been difficult for
us to reach on our own. We hope to leverage
the combination of Kerry's reach and R.&D.
capabilities with our technologies to continue global expansion, ingredient developments and scientific advancements."
At the capital markets day, Mr. Scanlon
said Kerry Group expects to deliver adjusted
earnings-per-share growth of more than 10%
on a constant currency basis on average per
annum over the next five-year cycle. He said
Kerry Group expects to achieve 3% to 5%
volume growth annually with Taste & Nutrition targeting 4% to 6% growth and Consumer Foods targeting 2% to 3% growth. MBN
non-G.M.O. soybean meal from European soybeans is steadily growing. With the
production of non-G.M.O. high-protein
soybean meal, ADM will be able to better meet the needs of its poultry feed customers, as well as the dairy and pig feed
markets."
Earlier this year, ADM expanded its
soy processing capabilities at its facility
in Spyck, Germany. In the last 12 months,
it has been working with farmers and industry partners across Europe to create
further opportunities to grow and market
soybeans in the region. MBN
bakingbusiness.com / world-grain.com

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Milling & Baking News - October 24, 2017

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