Cognis, Kemin Settle Lutein Litigation

LA GRANGE, Ill., & DES MOINES, Iowa--Cognis Nutrition & Health, based in La Grange, Ill., and Kemin Foods L.C., based in Des Moines, Iowa, announced the companies reached a settlement agreement regarding litigation over marketing and advertising claims for lutein and lutein esters products. Terms of the agreement, reached Oct. 15, are confidential.

The companies reached a previous court settlement in 1999 regarding labeling and advertising guidelines for lutein and lutein esters. That settlement allowed Cognis to inform consumers about the benefits of lutein esters and permitted Kemin to refer to its product as "purified lutein." In the most recent legal dispute, Kemin, supplier of FloraGLO® lutein, filed suit in U.S. District Court for the Southern District of Iowa in December 2001; Cognis, supplier of Xangold® lutein esters, filed a countersuit in January 2002.

A statement from Cognis Nutrition & Health (www.cognis.com) said the company is "delighted" with the agreement. "This settlement agreement provides the framework for us to move forward in a positive manner," said Paul Allen, Cognis' group vice president. "What's important now more than ever is making sure our customers understand the compelling health benefits of Xangold and how it can complement their product lines."

Kemin (www.KeminFoods.com) also issued a statement on the settlement. "We're pleased the agreement clarifies how each company will market its products," said Steve Hanson, director of marketing. "Kemin Foods will continue to market its purified lutein as FloraGLO brand Lutein and Cognis will market its product as lutein esters."