Also BFG launches Fund III͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ 
 
 
NoshFebruary 27, 2024
DAILY BRIEFING
Today's news & insights for the food industry.
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In this issue of Daily Briefing

  • 🍫 WNWN Is Now Win-Win
  • 👹 Monster Ends Beast War

Sojo Industries: Robotic Variety Packing

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📰 Today's Top Story

⚖️ What Does the FTC’s Suit Mean for the Kroger/Albertsons Mega Merger?

⚖️ What Does the FTC’s Suit Mean for the Kroger/Albertsons Mega Merger?

As of yesterday, the gloves are officially off.

The U.S. Federal Trade Commission (FTC) filed a suit to block the proposed $24.6 billion Kroger/Albertsons merger in the U.S. District Court for the District of Oregon, alleging the deal is anticompetitive. 

A bipartisan group of nine attorneys general from Arizona, California, the District of Columbia, Illinois, Maryland, Nevada, New Mexico, Oregon and Wyoming have joined the FTC’s federal court complaint. Attorneys general in Washington state and Colorado earlier this year independently filed lawsuits to block the mega merger. 

🔎According to the regulatory agency, the commission investigating the merger’s anti-competitiveness unanimously voted (3-0) in favor of filing a temporary restraining order and preliminary injunction against the deal. 

🛒In the complaint, the FTC argues that Kroger’s acquisition of Albertsons would obliterate “fierce” competition in the grocery industry, resulting in higher prices and lower quality products for consumers. Additionally, the agency claims, the deal would harm the tens of thousands of workers employed by both corporations. 

💭“This supermarket mega merger comes as American consumers have seen the cost of groceries rise steadily over the past few years. Kroger’s acquisition of Albertsons would lead to additional price hikes for everyday goods, further exacerbating the financial strain consumers face,” said Henry Liu, director of the FTC’s Bureau of Competition, in a press release. 

🤔Albertsons is holding firm in its belief the deal will “expand competition, lower prices, increase associate wages, protect union jobs and enhance customers’ shopping experience;” Kroger echoed similar sentiments. Both retailers also reemphasized that rejecting the deal would harm their ability to compete against multi-channel retailers such as Amazon, Walmart and Costco. 

🤝The FTC’s filing also challenges whether the previously announced divestiture plan with C&S Wholesale Grocers has the potential to be successful and allow the newly divested businesses to hold their own against their former parent organization. 

👍Although the general response to the merger from consumers, brands, workers unions and regulators alike has been overwhelmingly negative, some remain hopeful. Last week, one branch of the United Food and Commercial Workers Union (UFCW) Local 555 – which represents 30,000 mostly grocery workers in the Pacific Northwest – endorsed the merger despite the national UFCW rejecting the proposed deal. 

⏩What comes next? If nothing else, the FTC’s federal court complaint stretches out any potential timeline for completing the merger.

🧑‍⚖️Both Kroger and Albertsons have expressed their willingness to go to court for the deal. Federal regulators are also expected to put up a fight, which means the merger’s close date could be pushed out even further. 

Learn more about the argument from both sides, the 40-year-old precedent set on competition in the grocery space and what the future holds by reading the full story on Nosh.

 

✨ What You Need to Know ✨

🤔 BFG Partners Proposes “Patient” Investment With Fund III Launch

🤔 BFG Partners Proposes “Patient” Investment With Fund III Launch

Boulder Food Group (BFG) Partners has launched Fund III today and has already raised about 70% of its goal of $125 million. The investment group, which has backed rising CPG food and beverage brands like Poppi, Mid-Day Squares and Caulipower, says it is taking its “patient and methodical” approach to investing and searching for the next better-for-you and/or environmentally progressive brands to fund.

🧴 BFG is not solely focused on consumables; in its $108 million Fund II it started providing growth capital to personal care brands, with successful exits from hair care company Curlsmith to Helen of Troy and skincare maker ZitSticka to Heyday.

🪑Though it has taken director seats at a number of its brands (Mid-Day Squares, Barnana, MALK Organics), BFG does not require a board presence to invest. Managing Partner Dayton Miller told Nosh that “informal relationships'' with founders can be “just as influential” as board seats.

🧠 The firm has not announced any capital deployments yet but it is continuing to eye the F&B products positioned around gut health, high protein or mental clarity.

 

🍫 WNWN Is Now Win-Win

Cocoa-free chocolate maker WNWN Food Labs has rebranded itself with a more efficient brand name: Win-Win. Originally, the WNWN stood for “waste not, want not” but now the brand is connecting its name with a “bold sense of fun” that reflects “positive change for everyone in the supply chain,” said co-founder and CEO Arhum Pak in a statement. The refreshed name and logo was launched on a new Win-Win website and has replaced WNWN across its portfolio and social channels as well. 

♻️ Founded in 2021 by Johnny Drain (CTO), a fermentation expert, Pak, a former investment banker, the UK-based company has raised over $6 million to scale its fermented barley and carob-based alternative chocolate into a B2B company.

🤝 The brand is positioning itself as an ingredient partner to big chocolate makers that allows and offramp for providing more sustainable options in the portfolios of multinationals like Ferrero, Nestlé or Mondelēz.

🥐 The company is gearing up to release dark chocolate, milk chocolate and dairy-free milk chocolate alternatives as well as partnering with German bakery company Martin Braun-Gruppe on a cocoa-free “chocolate” croissant.

 

👹 Monster Ends Beast War

The Beast has been leashed as Monster Energy dropped a trademark and trade dress infringement lawsuit against Beast Cookie last week, after both companies apparently agreed to end the case.

🍪 Monster sued Beast Cookie last March, claiming that the caffeinated cookie line – through its neon green packaging and use of taglines like “Untamed Energy” – had violated its trade dress and could create consumer confusion, given its own propensity towards phrases like “Unleash the Beast.”

🧑🏽‍⚖️ A Judge last summer decided to allow the case to go ahead, despite voicing hesitation that there were “clear dissimilarities” between the two products, Law360 reported. Monster has been extending its brand into additional beverage categories in recent years, including alcoholic drinks, but has yet to make any play for the food sector.

🟩 Neither company has clarified whether a formal settlement was reached. But for now, it appears both Beasts are willing to co-exist.

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