
Company Website:
http://freshdelmonte.com
CORAL GABLES, Fla. -- (Business Wire)
Fresh Del Monte Produce Inc. (NYSE:FDP) today announced that it secured
a sweeping jury verdict in a lawsuit against Del Monte Foods Company and
Del Monte Corporation (‘Del Monte Foods’) in the U.S. District Court for
the Southern District of New York.
After a two-week trial, on April 6, 2012, the jury returned a unanimous
verdict in Fresh Del Monte’s favor, finding that Fresh Del Monte has the
exclusive right under the parties’ licensing agreement to use the Del
Monte® trademark on certain refrigerated preserved fruit
products. Additionally, the jury returned a unanimous verdict in Fresh
Del Monte’s favor on five out of the six Lanham Act false advertising
claims, finding that Del Monte Foods’ sale and marketing of refrigerated
preserved fruit products misled consumers into believing the products
were fresh fruit, and that Del Monte Foods willfully violated the Lanham
Act. The jury awarded separate damages to Fresh Del Monte totaling
$13.15 million for both claims, including the profits Del Monte Foods
obtained from its false advertising.
About Fresh Del Monte Produce Inc.
Fresh Del Monte Produce Inc. is one of the world’s leading vertically
integrated producers, marketers and distributors of high-quality fresh
and fresh-cut fruit and vegetables, as well as a leading producer and
distributor of prepared food in Europe, Africa, the Middle East and the
countries formerly part of the Soviet Union. Fresh Del Monte markets its
products worldwide under the Del Monte® brand, a symbol of
product innovation, quality, freshness and reliability for more than 100
years.
Forward-looking Information
This press release contains certain forward-looking statements
regarding the intent, beliefs or current expectations of the Company or
its officers with respect to the Company’s plans and future performance.These forward-looking statements are based on information currently
available to the Company and the Company assumes no obligation to update
these statements. It is important to note that these forward-looking
statements are not guarantees of future performance and involve risks
and uncertainties. In this press release, these statements appear in a
number of places and include statements regarding the intent, belief or
current expectations of the Company or its officers (including
statements preceded by, followed by or that include the words
“believes,” “expects,” “anticipates” or similar expressions).The
Company’s plans and performance may differ materially from those in the
forward-looking statements as a result of various factors, including (i)
the uncertain global economic environment and the timing and strength of
a recovery in the markets the Company serves, and the extent to which
adverse economic conditions continue to affect its sales volume and
results, including the Company’s ability to command premium prices for
certain of its principal products, or increase competitive pressures
within the industry, (ii) the impact of governmental initiatives in the
United States and abroad to spur economic activity, including the
effects of significant government monetary or other market interventions
on inflation, price controls and foreign exchange rates, (iii) the
impact of governmental trade restrictions, including adverse
governmental regulation that may impact the Company’s ability to access
certain markets, (iv) the Company’s anticipated cash needs in light
of its liquidity, (v) the continued ability of the Company’s
distributors and suppliers to have access to sufficient liquidity to
fund their operations, (vi) trends and other factors affecting the
Company’s financial condition or results of operations from period to
period, including changes in product mix or consumer demand for branded
products such as its, particularly as consumers remain price-conscious
in the current economic environment; anticipated price and expense
levels; the impact of crop disease, severe weather conditions, such as
flooding, or natural disasters, such as earthquakes, on crop quality and
yields and on its ability to grow, procure or export its products; the
impact of prices for petroleum-based products and packaging materials;
and the availability of sufficient labor during peak growing and
harvesting seasons, (vii) the impact of pricing and other actions by the
Company’s competitors, particularly during periods of low consumer
confidence and spending levels, (viii) the impact of foreign currency
fluctuations, (ix) the Company’s plans for expansion of its business
(including through acquisitions) and cost savings, (x) the Company’s
ability to successfully integrate acquisitions into its operations, (xi)
the impact of impairment or other charges associated with exit
activities, crop or facility damage or otherwise, (xii) the timing and
cost of resolution of pending legal and environmental proceedings,
(xiii) the impact of changes in tax accounting or tax laws (or
interpretations thereof), and the impact of settlements of adjustments
proposed by the Internal Revenue Service or other taxing authorities in
connection with the Company’s tax audits, and (xiv) the cost and other
implications of changes in regulations applicable to its business,
including potential legislative or regulatory initiatives in the United
States or elsewhere directed at mitigating the effects of climate change.All forward-looking statements in this report are based on
information available to the Company on the date hereof, and the Company
assumes no obligation to update any such forward-looking statements.The
Company’s plans and performance may also be affected by the factors
described in Item 1A. – “Risk Factors” in Fresh Del Monte Produce Inc.’s
Annual Report on Form 10-K for the year endedDecember 30, 2011
along with other reports that the Company has on file with the
Securities and Exchange Commission.

Contacts:
Fresh Del Monte Produce Inc.
Christine Cannella, 305-520-8433
Assistant
Vice President, Investor Relations
Source: Fresh Del Monte Produce Inc.
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