Trade Commission Rules in Sucralose Case

WASHINGTON—Since May 2007, the U.S. International Trade Commission (ITC) has been investigating claims of patent infringement, alleged by Tate & Lyle, concerning the sale of sucralose on the U.S. market. ITC issued its most recent findings regarding the 337 complaint (Docket #337-TA-604) on Sept. 22, 2008, determining there was no patent infringement by the named manufacturers and importers of Chinese sucralose. Tate & Lyle issued a statement that it is appealing the decision; a binding final determination by the full ITC commission is expected by the end of January 2009.

Two of the Chinese firms named in the case issued statements lauding the ITC’s findings. Guangdong Food Industry noted in a release the decision affirms the innovation of the company’s sucralose production technology and will fuel the international expansion of its ingredient supply efforts. Changzhou Niutang and its U.S. subsidiary, US Niutang, said in a release the finding was on target and that the companies expect it to be affirmed by the full commission.