Heartland Sweeteners, LLC Prevails in International Trade Commission Case Regarding Sucralose

Heartland is now the only manufacturer of table top sweeteners to have received an official and unanimous ITC ruling that it does not infringe patents for the manufacture of sucralose.

22/04/09 The full United States International Trade Commission (ITC) has unanimously upheld an initial ITC ruling that found Heartland Sweeteners, LLC did not infringe Tate & Lyle patents for sucralose. In an initial determination announced in September 2008, ITC Judge Charles Bullock decisively rejected Tate & Lyle's infringement allegations against Heartland Sweeteners, LLC.

As a result of this recent decision, which came down on April 6, 2009, Heartland is now the only manufacturer of table top sweeteners to have received an official and unanimous ITC ruling that it does not infringe patents for the manufacture of sucralose.

"This decision successfully concludes the ITC proceedings and opens the door for Heartland to continue providing high quality sucralose and other sweeteners to its customers,” said Ted Gelov, Heartland’s CEO.

Heartland is the first and largest alternative global manufacturer of high quality table top sucralose sweeteners. The company produces its own Nevella brand and private label products. In 2008, Heartland introduced a natural sweetener under the Ideal brand.

“Heartland is one of the most experienced global manufacturers of sweeteners in the world, with offices and manufacturing facilities in the U.S., England, Netherlands, and Italy,” said Mike Service, President of Heartland, LLC. “Our established track record of flawless on-time delivery, 100 percent fill rate and exceptional high quality makes us the most respected and reliable supplier in the industry.” Heartland is SQF Certified and compliant with GFSI.

Heartland products are shipped to customers in the U.S., Canada, Mexico, South and Central America and throughout Europe.

The ITC is issuing limited exclusion orders against 11 sweetener companies that defaulted, admitted infringement, or did not participate in the investigation. Heartland is specifically excluded from that order, because the company responded early in the suit when other companies defaulted or failed to respond.

“The decision to incur the fees and costs necessary to fight this complex litigation has turned out to be the right course of action for Heartland. However, we fully expect that Tate & Lyle will continue its efforts which quash competition to their Splenda brand,” said Gelov.

Heartland was represented by attorney Bill O’Connor from the Indianapolis law firm of Dann Pecar Newman and Kleiman.

“We have known all along that Heartland had every right to sell its brands. We hope this concludes the litigation, but we will monitor the situation closely while Tate & Lyle decides whether to appeal the ruling through the U.S. Courts,” said O’Connor.

Heartland has also recently resolved to the mutual benefit of both parties its lengthy and costly litigation with Johnson and Johnson subsidiary McNeil Nutritionals, LLC, regarding trade dress issues.

Heartland’s Servie said that the company will now devote all its efforts towards bringing its innovative products to market.

“Heartland’s Nevella brand no-calorie sweetener is preferred over Splenda in taste tests, and we know that we have the best products at the best price for the retail trade and consumers,” said Servie. “Our products have taste great, perform as well as sugar in baking, and are the healthiest and most fairly priced in the marketplace.”