As outlined in the L.A. Times, the dispute is about eggs: is that what makes mayonnaise genuine? Unilever is arguing that Hampton Creek is guilty of false advertising since its product "Just Mayo" does not contain any eggs. Ironically, this is the point of the product, since it is meant to be a vegan substitute for egg-based and therefore animal based mayonnaise.
Hampton Creek CEO Josh Tetrick's position is that he's not disagreeing with the importance of eggs, but says he is absolved of any false advertising claims because his product is simply called "mayo" not "mayonnaise", thereby alerting his customers to the fact that this spread is different to old-fashioned, formal mayonnaise.
The FDA's definition of mayonnaise does make eggs and integral part of the equation. But is it really deceptive to call a product "mayo" if your target audience is people looking for alternative solutions to traditional recipes? What do they need to call it, "I can't believe it's not mayo"?
Everyone is waiting with bated breath to see how this turns out. Meanwhile, Hampton Creek is getting free advertising and product placements all over the place. Good for them,
Maya Missaghi, William Mitchell College of Law
photo credit: Richard Levine/Corbis; Courtesy of Hampton Creek
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