Hershey Proceeding with SmartZone Product Launch

Hershey Proceeding with SmartZone Product Launch

HERSHEY, Pa.Hershey FoodsCorp. announced it will move forward on launching its SmartZone nutrition bars,after a request for a preliminary injunction filed by ZonePerfect Nutrition Co.was denied by Judge Richard Stearns of the U.S. District Court for the Districtof Massachusetts. ZonePerfect filed suit in April, 2004, alleging Hersheysproduct infringes the ZonePerfect trademark.

Hershey plans to have its SmartZone bars available at retailstarting in September; the bars will carry a seal: Dr. Sears Zone Approved.

According to Hershey, the pending lawsuit will not be heardfor at least a year, and will include counterclaims from Hershey thatZonePerfect has engaged in false advertising by representing its products areendorsed by Dr. Barry Sears.