NEW YORK — Danone US has filed a lawsuit against Chobani claiming Chobani’s 32-oz multi-serving container of 20-gram High Protein Greek Yogurt only contains about 18 grams of protein per serving, violating Food and Drug Administration (FDA) regulations for multi-serve containers, serving size and per-serving nutrient content claims.
Danone said the claims are misleading consumers seeking high-protein yogurt — for which 20 grams of protein or more per serving is the current threshold — and taking sales away from Danone’s Oikos Pro products, which are higher priced than Chobani’s 20-gram yogurts.
“Chobani has chosen to pass off a less protein-dense product as a more protein-dense one by manipulating its serving sizes,” Danone said in the lawsuit, filed in the US District Court for the Southern District of New York. “Now more than ever, consumers are interested in maximizing their protein intake. In recent years, 20 grams of protein per serving has become a crucial threshold driving consumer purchase interest across a broad range of food and beverage categories — including yogurt.
“Chobani saw the success Danone US enjoyed with Oikos Pro and set out to copy it. Instead of developing a product of comparable protein density, however, Chobani chose to engage in unfair competition and consumer deception.”
Danone also claims Chobani is copying Oikos Pro’s high-protein model —which launched in 2021 — without investing in the manufacturing capabilities needed to produce high-protein yogurt.
“Manufacturing dairy products with 20 or more grams of protein per serving is difficult and costly,” Danone said. “It requires state-of-the-art technology, customized production facilities, and innovative recipes. Danone US, which has been focused on applying scientific expertise to the craft of yogurt-making for generations, has made those investments. Chobani has not. To make up for this shortcoming in technology and know-how, Chobani has relied on consumer deception to elbow its way into the ultra-high-protein yogurt market.
“On information and belief, Chobani did not make the investments in technology, facilities and know-how needed to manufacture a true ultra-high-protein yogurt product like Oikos Pro. Indeed, Chobani claims to manufacture the Chobani product using a ‘generations-old authentic straining method.’ While there is nothing inherently wrong with traditional methods, they do not and cannot produce a yogurt with the protein density of Oikos Pro.”
Danone US and Chobani are the top two yogurt makers, measured by sales revenue, in the United States. The lawsuit does not include the single-serving containers of Chobani’s 20-gram High Protein Greek Yogurt line because those containers are 6.7 oz, larger than Oikos Pro’s single-serve containers of 5.3 oz. By volume, Chobani is fulfilling the 20-gram high-protein threshold per serving.
Danone said its Oikos Pro 32-oz vanilla tub has 26% more protein than the Chobani equivalent, while the Oikos Pro plain variety contains 39% more protein than Chobani’s version.
“Stated otherwise, consumers must eat 26% more (by volume) to reach 20 grams of protein with the single-serve Chobani product than they must eat to reach that threshold with Oikos Pro,” Danone said.
Extrapolating out to the 32-oz tubs, Danone said Oikos Pro vanilla contains about 26% more protein than the vanilla Chobani high-protein tubs. Specifically, Oikos Pro vanilla has approximately 3.77 grams of protein per ounce of yogurt (23 grams per serving), while vanilla Chobani claims to have approximately 2.99 grams of protein per ounce. Danone said the disparity between the unflavored versions of each tub is higher: Oikos Pro has 39% more protein at 4.17 grams per ounce (25 grams per serving), while Chobani remains at 2.99 grams per ounce.
Also in the lawsuit, Danone said Chobani knows consumers are seeking more protein today, but shoppers may have gaps in understanding the role protein plays nutritionally, which Danone said Chobani is exploiting by offering lower protein per serving than what is on the label.
“In December 2024, Chobani released survey results showing that, while 85% of Americans ‘are prioritizing protein now more than ever,’ they also ‘lack knowledge’ around protein consumption and face multiple ‘barriers to entry,’” Danone said. “Chobani therefore knows that, when it comes to protein, consumers rely on brands to make truthful, nondeceptive claims to enable them to make the right purchase decisions.
“Through this two-pronged deception, Chobani diverts from Danone US both consumers who prioritize protein content and consumers who prioritize price. Chobani has thus prevented Danone US from earning profits on sales that it rightfully should have made, while unjustly enriching itself.”
Damages that Danone is seeking were not specified in the lawsuit, but the company said, “Chobani’s deceptive naming, labeling, and advertising has caused — and, unless curtailed, will continue to cause — substantial harm to Danone US and to unwitting consumers. By this action, Danone US seeks injunctive relief, damages, corrective advertising, and disgorgement of Chobani’s ill-gotten profits obtained through its deceptive and unlawful conduct.”
Chobani has not publicly responded yet to the lawsuit.
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