ConAgra Foods says in lawsuit Dean Foods’ Swiss Tea label is too similar to its Swiss Miss

ConAgra says competitor’s label mimics Swiss Miss

OMAHA, Neb. — ConAgra Foods Inc. says a competitor’s tea label is so similar to its Swiss Miss product labels that consumers are becoming confused.

ConAgra filed a federal lawsuit against Dean Foods Co. last week after trying unsuccessfully to persuade Dean to change the label for the Dallas-based dairy’s line of Swiss Premium Teas.

ConAgra, which is based in Omaha, says the font and blue-and-white mountainous background Dean chose for its new tea label resembles the one it has used for years on Swiss Miss products including hot chocolate and pudding.

A Dean spokesman did not immediately respond to a message seeking comment on Wednesday.

ConAgra asked the court to order Dean to quit using its current Swiss tea labels and forfeit all profits earned with them.