On Wednesday Asda won its court battle with Japanese food company Ajinomoto, who sued the supermarket chain for calling the artificial sweetener aspartame ‘nasty’
By Jennifer Denby
Ajinomoto Sweeteners, a leading aspartame producer, took action after Asda announced in 2007 that it would become the first supermarket in Britain to remove artificial colours and flavours from its own brand labels.
In publicity for its "Good for you" range, Asda promised: "No hidden nasties - no artificial colours or flavours, no aspartame and no hydrogenated fats".
Ajinomoto accused Asda at the High Court in London of malicious falsehood, who said it was trying to “defend the reputation not only of the ingredient, but also of the many products that are sweetened with aspartame”.
High Court Judge,Mr Justice Tugendhat said Ajinomoto had claimed that the words meant that aspartame is either an especially or potentially harmful and unhealthy sweetener and one which consumers concerned with their health would do well to avoid.
The judge ruled that the words complained of were simply trying to convey the message "if you the customer think that aspartame may be bad for you, or unpleasant to taste or consume, then this product is for you".
He entered judgment for Asda, but it will not be enforced for three weeks, giving Ajinomoto time to appeal.