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In September, the Kraft Heinz Company revealed its intention to split into two smaller entities—one focused on in-demand products, like shelf-stable meals, spreads and sauces, and the other on slower-growth businesses, such as the Oscar Mayer, Kraft Singles and Lunchables brands.
The move is among the latest in a series of breakups and spinoffs announced by major "Big Food" conglomerates, including Kellogg's, Keurig Dr Pepper Inc. and Unilever, and experts speculate more divvying and downsizing are bound to follow.
Beth Vallen, PhD, a professor in the Villanova School of Business who studies consumer behavior and food marketing, contends these demergers and restructurings are the direct result of a recent yet significant shift in shoppers' spending habits.
"It is certainly a possibility that we are moving away from 'Big Food,'" says Dr. Vallen. "The companies are likely to be more agile as smaller entities, and the more targeted businesses will allow them to focus on their different market segments as we face increasingly complex consumer and macro trends in the food industry."
Among the more noteworthy factors the professor cites are changes in how shoppers evaluate products and how often they make purchases, particularly amid rising costs, economic pressures and increased competition in the marketplace. When it comes to groceries, a LendingTree survey from earlier this year found that nearly nine in 10 Americans are reassessing what items they cart to the checkout lane.
"Inflation and uncertainty have driven consumers to look for more value when they shop," says Dr. Vallen. "This might result in behaviors like switching to lower-cost alternatives, and along these lines, consumers are seeking out retailers with high-quality store brand offerings that might replace their typical, branded items.
"Consumers are also shopping less frequently. This could be due to reliance on technology, like online grocery purchases, which requires more planning, as well as a desire to make groceries stretch between purchases to save money."
Another development affecting the industry is a broader drive across the population toward health-conscious options and low-calorie meals, heightened to a degree by the rise of GLP-1 drugs like Ozempic. A recent KFF Health Tracking Poll evidences that these medications, which have been shown to promote weight loss, are taken by roughly one in eight American adults; and households with users are expected to account for more than a third of food and beverage sales by 2030.
According to Rebecca Shenkman, MPH, RDN, LDN, the director of the MacDonald Center for Nutrition Education and Research at Villanova's M. Louise Fitzpatrick College of Nursing, the impact of these drugs' usage on consumers' eating habits should not be underestimated.
"GLP-1 receptor agonists reduce appetite and food intake through multiple mechanisms, and evidence suggests both a reduction in snacking frequency and a shift toward healthier choices among users," shares Shenkman. "They report fewer cravings for sweet, salty and fatty snacks, particularly during the first 12 to 24 weeks of treatment. In addition, consumer surveys and clinical trials indicate increased intake of fruits, vegetables and water, and decreased consumption of processed foods and sugary beverages.
"With millions of users and average daily reductions of 700 to 900 calories, demand for calorie-dense snacks could decline significantly."
Among the brands and businesses at greatest risk, in Dr. Vallen and Shenkman's respective estimations, are "packaged and processed foods" as well as "sugary beverages and high-fat treats." In turn, with shoppers increasingly moving away from these "unhealthy" options and expressing an openness to dispensing with long-term staples, companies in the sector will need to emphasize adaptability in the coming years, making a conscious effort to understand customers' distinct preferences and needs.
"Altogether, there are numerous trends that are seemingly pulling consumers in different directions—between health, taste, value and convenience," concludes Dr. Vallen. "Looking ahead, it will be important for firms to understand how these trends impact different consumers—and in different categories. Health likely means something different to Gen X and Gen Z and may vary further based on whether we are talking about a family dinner or a late-night treat. Taking efforts to understand consumer motivations will be crucial for companies to appropriately respond to current trends."
A popular on-the-go sandwich is now the subject of a mega trademark lawsuit between two food industry giants.
The J.M. Smucker Company, more commonly known as Smucker's, recently filed a trademark lawsuit against grocery chain Trader Joe's over what it alleges is infringement upon its iconic billion-dollar investment: the Uncrustables sandwich. Smucker's seeks to obtain unspecified monetary damages from Trader Joe's, as well as profit from its similar product.
But beyond the novelty of the sandwich suit lies a complex case built around a lesser-known morsel of trademark law, says Waseem Moorad, Esq., assistant professor of Law at Villanova University Charles Widger School of Law and director of the school's Intellectual Property Clinic. Professor Moorad, a former U.S. Patent and Trademark Office Patent (USPTO) examiner, recently discussed the actual claims of the lawsuit, and how both parties are preparing for a potential trial.
Q: Since this lawsuit was filed, it has been a popular topic of public discourse, much of which has centered on the product—a crustless peanut butter and jelly sandwich—itself. Is that what this is truly about? Professor Moorad: Much of the commentary has been focused on the argument of whether Smucker's is permitted to have a monopoly of peanut butter and jelly sandwiches, or if Trader Joe's can actually infringe upon the Uncrustables product without necessarily using the actual trademarked name. While both discussions are legitimate conversations folks could have while munching on the delicious snack products, they are not necessarily the relevant legal claims at the crux of this lawsuit.
Q: Before we get into what those relevant legal claims are, Smucker's has filed dozens of trademarks in its 128-year history. What sorts of intellectual property do these trademarks generally protect? PM: Most of their trademarks filed with the USPTO are registered to protect against competitors from using words, logos, slogans, symbols and other materials that are linked to the brand name of the company, its affiliates, or its respective products. Well-known examples include Smucker's, Folgers, Jif and, of course, Uncrustables. If a competing company has a brand or a product that has a similar sounding name or appearance, such as "Giff Peanut Butter," then Smucker's could sue that company for trademark infringement. That name is not only infringing upon a trademark that Smucker's has federal protection over, but also is in the same related industry (food products), within which Smucker's has protection.
Q: But Trader Joe's did not necessarily infringe on any trademarked words, symbols, slogans or the like. What, then, is the basis for the claims of infringement? PM: The issue is related to a deeper subset of trademark law, specifically the concept of "trade dress." Trade dress is the intellectual property associated with the visual and aesthetic characteristics of a product or its related packaging that allows a consumer to know with whom that product or packaging is associated. For example, Coca-Cola's name, which is federally protected, is well known as a registered trademark; however, the Coca-Cola bottle, with the curvy appearance where it gets slimmer in the middle, is an example of a registered trade dress belonging to Coca-Cola. If there was no logo or word mark on the bottle, the average consumer would still be able to recognize it as a Coke bottle.
There are several trademarks that Smucker's owns that are related to the trade dress of its products. Smucker's isn't alleging that Trader Joe's is copying any of the branding names of their products; they are accusing their competitor of mimicking the trade dress or aesthetic appearances, textures and characteristics of its Uncrustables products and packaging.
Q: What specific trade dress trademarks are they claiming have been infringed upon? PM: There are at least two registered trademarks that Smucker's is drawing legal attention to. In 2002, Smucker's had trademarked the image of an Uncrustables sandwich that has pie-crimping indentations or marks along the circumference of the sandwich, and in 2019, the company trademarked the image of an Uncrustables sandwich with a bite taken out of it. Smucker's argument is that the Trader Joe's packaging for a similar crustless peanut butter and jelly shows an image of a sandwich with a bite taken out of it, as well as the crimping along the outer edges.
Q: How does one make a legal case out of something like this? PM: In order to effectively file a trademark infringement lawsuit, the plaintiff must not only show that their federally-protected intellectual property rights are being infringed upon, but also demonstrate that as a result of this infringement, the customer or consumer is being confused.
Smucker's alleges that as result of Trader Joe's actions, customers are now confused over the product and are purchasing Trader Joe's peanut butter and jelly sandwiches thinking they are actually Smucker's Uncrustables sandwiches. Smucker's is of the belief that if the Trader Joe's packaging did not show pie-like crimped edges and the image of the sandwich with a bite taken out of it, confused consumers would not have purchased the Trader Joe's products and would have instead purchased Smucker's Uncrustables. It is this argument that will be the crux of the court cases to follow.
Q: Assuming this goes to trial, how will the two parties prepare and what are some of the challenges for Smucker's as plaintiff? PM: Part of the case on Smucker's end will be to gather customer feedback or testimony that demonstrates confusion in the marketplace as a result of the similar packaging and trade dress. Trader Joe's will focus on the fact that even though the packaging may be similar, there would be no reason or basis for a customer to be confused between a Trader Joe's-branded product and a Smucker's-branded product.
As the plaintiff in this case, the burden shall be on Smucker's to prove the confusion element necessary to have trademark infringement. The Trader Joe's product clearly says Trader Joe's, and the chain has a marketplace reputation for selling its own products rather than other-branded products. The challenge in such a scenario will be to prove, despite this, that customers purchasing this product would still have gotten confused and either assumed that they were purchasing Uncrustables, or mistakenly believed that Uncrustables may now have a commercial relationship with Trader Joe's.
On Sunday, October 19, at 9:34 a.m., four masked individuals surged into the Louvre’s Galerie d’Apollon from a severed, second-floor window. Hurriedly, they smashed open two display cases, seized eight pieces of jewelry, then shimmied down a ladder and sped off on motorbikes toward Lyons. In seven minutes’ time, in broad daylight, they absconded with an estimated $102 million in valuables from the world’s most famous museum.
This past Saturday, October 25, French authorities announced the first arrests in connection with the daring heist. However, despite the police’s progress, the country continues to litigate the matter—embroiled in discussions of heritage, history and national identity. Recently, Roderick Cooke, PhD, director of French and Francophone Studies at Villanova University, shared his perspective on the situation as well as the artifacts lost.
Q: The Louvre heist has been described as “brazen,” “shocking” and a “terrible failure” on security’s part. Is there any sort of precedent for this event in the museum’s history? Dr. Cooke: Nothing on this scale has ever happened to the Louvre since its founding as a museum during the Revolution. The closest equivalent is the 1911 theft of the Mona Lisa by a former employee who claimed it should be returned to Italy. However, that was one painting, the heist was not committed by organized crime, and the Mona Lisa did not have the renown it enjoys today. The impact of the theft was thus lower, although it did cause major outrage and a sweeping law-enforcement response at the time. Ironically, that theft is often credited with making da Vinci’s painting the global icon it continues to be.
Q: What has the reaction to this event been among the French people? DC: It’s harder to get a sense of reactions across French society, because so much of the aftermath has focused on the intellectual milieux’s opinions. And in those realms, it has immediately become a political football. Individuals positioning themselves as anti-elite or anti-status quo, such as Jordan Bardella of the National Rally party, have called the theft a “humiliation,” immediately tying it to French national prestige. Former President François Hollande has conversely and vainly called for the event to be de-polemicized, citing national solidarity.
This is happening because the Louvre is one of the most visible manifestations of French soft power—the most-visited museum anywhere on Earth. As such, anything attacking its integrity becomes an attack on the nation, and how individual French citizens feel about the theft is closely tied to their broader view of the nation.
Q: Several of the items stolen from the Louvre once belonged to Empress Eugénie. Could you share a bit of information on her story? DC: Eugénie de Montijo was a Spanish aristocrat who married the Emperor of the French, who ruled as Napoleon III between 1852 and 1870. It was a time of authoritarian repression and sham democracy—Napoleon III installed the Empire through a coup. Its clearest legacy is that Paris looks the way it does today largely because of the thorough modernizations overseen by Napoleon III’s appointee Baron Haussmann.
So, Eugénie and her now-lost jewels represent a complex point in French history, when culture and the economy developed quickly, but did so in a climate of fear for any French person who opposed the regime too loudly (like Victor Hugo, who went into exile on the Channel Islands and wrote poems savaging Napoleon III and his deeds). Some accused the Empress of being responsible for the more hardline and conservative stances taken by her husband’s government. On a different note, she was a diligent patron of the arts and arguably the most significant figure in the contemporary fashion world, famous for setting trends such as the bustle that radiated across Europe.
This explains the mix of anger and admiration that followed her depending on the sphere she was operating in. A new English-language biography argues that far from being a traditionalist, she was a pioneering feminist by the standards of the time. It looks like her historical importance will continue to be debated.
Q: Interior Minister Laurent Nuñez described the stolen items as “of immeasurable heritage value.” How significant of a cultural loss do you consider this theft? DC: These jewels are referred to in French as “les Joyaux de la Couronne” (the Crown Jewels), but of course that phrase lands very differently in republican France than it does across the water in the United Kingdom. The items actually represent several different dynasties of French rulers, some of whom came to power through direct conflict with others. The now-ransacked display at the Louvre smoothed over these historical divisions, for which many French people died over the centuries. President Macron referred to the stolen items as embodying “our history,” which is emblematic of the French state’s work to create a conceptual present-day unity out of the clashes of the past. At a time when France is arguably more divided than at any point since World War II, any unitary symbol of identity takes on greater significance.
Q: Do you have any closing thoughts on the artifacts taken and what they represent? DC: I’d reemphasize the previous point about the smoothing effect of the museum display on the violent history that made it possible. Much of the reporting on the stolen jewels lists off the different queens and empresses who owned them, without giving readers a sense of the complicated succession of regime changes and ideologies that put those women in power in the first place. The relative stability of the last 60-odd years is an anomaly in modern French history. This set of jewels and the names of their original owners may seem far removed from the concerns of an ordinary French citizen today, but just beneath their surface is a legacy of changing governments and tensions between social classes that survives in new forms in 2025.
