Grillo’s Pickles Is Suing Whole Foods 365 For Allegedly Stealing Recipe

Patriot Pickle, a line of pickles under the Whole Foods 365 label, is in a pickle as they face a complaint filed against them by Boston-based Grillo’s Pickles. Grillo’s claimed that Patriot Pickle has violated its agreement by using the brand’s proprietary recipes.

In the filing, it’s revealed that Patriot Pickle has access to Grillo’s proprietary recipes and equipment, use of identical ingredients, and organic acid profile tests. It lists these as proof that they used trade secrets in violation of the Defend Trade Secrets Act, the Florida Uniform Trade Secrets Act, and contracts between the two. 

The filing happened in January and states that Patriot Pickle, Inc., Wahlburgers I, LLC and ARKK Food company have misled consumers and retailers by labeling and marketing Wahlburgers pickles as “fresh,” “all-natural,” and containing “no preservatives” when, in fact, they contain an artificial chemical preservative. 

“Patriot Pickle is trying to profit off of Grillo’s 100-year-old family recipe and our trade secrets,” said Adam Kaufman, President of Grillo’s Pickles. “It’s a massive violation of trust and a disappointment that after nearly a decade of partnership, our former co-packer, Patriot Pickle, has violated our agreements and is producing a nearly identical line of pickles for one of our biggest retailers, threatening to permanently damage our business.” 

They’re alleging that the recipes were stolen and used to roll out Patriot Pickle nationwide, at a lower price, and during the highest grossing time of year for pickle sales. The move has threatened Grillo’s business and customer base irreparably, which is why the company is asking the court for emergency injuctive relief along with a permanent injunction and damages.