CINCINNATI, OH - As AndNowUKnow keeps our ears pressed to the newswire for updates regarding Kroger’s proposed merger with Albertsons Companies, some new developments have come to light. Yesterday, August 19, Kroger filed a motion for preliminary injunction in the U.S. District Court, Southern District of Ohio, against the Federal Trade Commission's (FTC) administrative proceeding challenging the retailer’s deal with Albertsons. In the motion, Kroger argues that FTC is violating Constitutional protections by proceeding in its administrative tribunal in addition to the separate action in federal court.

"The merger between Kroger and Albertsons is squarely focused on ensuring we bring customers lower prices starting day one while securing the future of good-paying union jobs," said Rodney McMullen, Kroger Chairman and Chief Executive Officer. "We stand prepared to defend this merger in the upcoming trial in federal court—the appropriate venue for this matter to be heard—and we are asking the Court to halt what amounts to an unlawful proceeding before the FTC's own in-house tribunal."

As a press release noted, the motion addresses the FTC’s administrative proceeding against the merger, stating that:

• The FTC violates Article II of the Constitution because the Administrative Law Judge presiding over the administrative proceeding is not removable by the President of the United States. This principle was recognized and applied by the Supreme Court in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010)
• The FTC violates Article III of the Constitution by seeking to adjudicate Kroger's private rights to contract with another private party administratively through the Executive Branch rather than in the independent Judicial Branch. This standard was reinforced this past term by the Supreme Court in SEC v. Jarkesy (2024)

"The FTC has sought to split its challenge to the merger into two separate tribunals in an inappropriate attempt to receive multiple opportunities to litigate the same issues," the release went on to note. "Despite forcing Kroger to participate in this unconstitutional administrative proceeding, the FTC has also filed a motion in the federal court proceedings seeking to block the merger for the duration of its administrative proceeding—which will likely take several years to resolve."

Evidentiary hearings for the federal court proceeding are scheduled to begin on August 26 in the District of Oregon. For more updates on this merger deal, keep reading ANUK.

LOS ANGELES, CA - Innovation in the berry category happens at every level, from the customer relationship to growing practices and variety development. With so much excitement occurring across the segment, Laudan Chaffin, Marketing Director for Berry Fresh, joined me to discuss the company’s efforts in the segment as well as its differentiating value among supply-side partners.

“Berry Fresh is a unique operation because we are growers ourselves, and are able to provide more transparent information from the field to our customers; this also gives us better surety of supply and a strong control over quality,” Laudan tells me. “Through our flavor-forward private genetics and higher control over quality, we are able to provide our customers with premium berries year-round across all of our growing regions.”

As we move through August and look to September, Berry Fresh’s biggest focus is on its premium blueberry program; especially with its own Oregon farm in full production. The company continues to provide year-round, high-quality blackberries and raspberries to its customers as well, offering a plentiful program for retail berry destinations.

Within this competitive space, genetics have become an integral part of the company’s program and a significant area of investment.

“Variety genetics are the future of the category. We are seeing new varieties introduced across produce every year and it’s exciting! Watching the department become enticing again is so rewarding,” Laudan expresses. “These aren’t the apples and potatoes of our childhoods. With consumer education through digital media becoming more prevalent and retailers looking to draw customers through an elevated experience, there is so much room for produce companies to play in.”

There is much to look forward to from Berry Fresh in this arena. With new blueberry varieties in the testing phase focusing on bolder, better flavor, and improved quality and shelf-life, exciting times are ahead for Berry Fresh customers.

“One example of our innovation in the category is our Sweet Karoline® blackberries. These blackberries continue to bring new consumers to the category because of their unforgettable and consistently sweet flavor profile. We are constantly learning and testing to keep at the forefront of what’s next for the berry category,” Laudan reveals.

Ingenuity in variety development is also elevated by the company’s commitment to customers.

“As a business-to-business operation, every customer relationship is unique. Each customer’s program has different nuances, and we tailor our programs with them to fit their customer bases’ needs. Additionally, in such an ever-changing industry, fostering a transparent and adaptable relationship with our customers has been key to making sure their category is successful and their shoppers are happy,” Laudan reflects.

With such high aspirations being executed on multiple levels, it is no wonder the company is thriving. And you can taste that success in every berry bite.

FALLS CHURCH, VA - Some exciting leadership news has crossed our desks, as the U.S. Apple Association (USApple) named Brett Baker to lead its Board of Directors. Raised on a fruit and vegetable farm in Ransomville, New York, Baker follows a unique legacy in both the apple business and in this leadership role in particular, as Baker’s father, Paul Baker, was Chair of USApple in 1989.

“It's an honor to be elected as the chair of USApple,” said Baker. “I am committed to continuing the work of my predecessors—including my own late father—to advocate for our industry, foster innovation, and overcome the challenges we face. As an industry working together, we can enact meaningful change through USApple.”

After graduating from Cornell University in 1999, Baker spent some years on the family farm before going into the grocery retail business with Aldi for nine years.

A press release shared that Baker succeeds 2023–24 USApple Chair Steve Clement, Chief Executive Officer of PNW Tree Fruit in Washington. The gavel was officially passed from Clement to Baker at USApple’s Board of Directors meeting in Chicago at the completion of its Outlook conference.

“This is a pivotal time to have someone with Brett’s experience and deep-rooted passion for agriculture at the helm of our Board of Directors,” said Jim Bair, President and Chief Executive Officer of USApple. “His leadership will be essential to driving innovation and addressing challenges.”

Here is a quick look at USApple’s 2024–25 elected board officers:

• Chair: Brett Baker, President, United Apple Sales; NY
• Vice Chair: Steve Smith, Vice President, Marketing, Washington Fruit; WA
• Secretary: Philip Glaize, III, Head of Operations / Sales, Glaize Apples, VA
• Treasurer: Kaari Stannard, President and CEO, New York Apple Sales; NY
• Immediate Past Chair: Steve Clement, CEO, PNW Tree Fruit; WA

A very fitting position for Baker. ANUK sends a big congratulations!

CHARLOTTE, NC - In a move that would make Carrie Bradshaw herself swoon, Dole has officially recognized Greenwich Village bakery made famous by HBO’s Sex and the City, Magnolia Bakery, as a banana icon, the sixth honoree so far this year. Another fabulous move made by the company as it continues to celebrate its 125^th Banana-Versary.

“Dole’s Banana Hall of Fame recognizes those banana-centric icons—from people and places, banana dishes, drinks, and desserts to bananas in film, TV, music, and popular culture—that have memorably contributed to the popularity and broad appeal of bananas,” said William Goldfield, Communications Director, Dole. “From the minute we hinted at adding a Hall of Fame to our company-wide celebration of 125 years in the banana business, fans have insisted we consider Magnolia Bakery’s beloved Banana Pudding—which helped make today’s induction a reality.”

According to a press release, the announcement by Dole coincided with the kick-off of Magnolia Bakery’s Banana Pudding Week, an annual celebration honoring the bakery’s best-selling dessert.

The original Greenwich Village bakery opened in 1996 and has since grown into a global entity. Sara Gramling, Vice President of Public Relations and Partnerships for Magnolia Bakery, noted that 275 tons of bananas are used to make more than 2.2 million cups of Magnolia Bakery Banana Pudding. This is enough to circle the Earth 55 times!

“Given the importance of bananas to the Magnolia Bakery menu, we’re absolutely delighted to be receiving this honor,” responded Bobbie Lloyd, Chief Executive Officer and Chief Baking Officer, Magnolia Bakery. “And while I admit that it’s been challenging to keep Magnolia Bakery’s involvement in the Dole Banana Hall of Fame a secret until now, it’s only fitting that we reveal this ripest of alliances on the first day of Magnolia Bakery’s Banana Pudding Week celebration.”

Other inductees into the Dole Banana Hall of Fame include Brennan’s, the New Orleans French Quarter restaurant that created the Bananas Foster dessert; the City of Latrobe, Pennsylvania, birthplace of the Banana Split; Bobby Banana, the 7-foot banana ambassador and mascot of Dole Food Company; and Pinky’s Westside Grill and Batch House, two banana-centric restaurants in Dole’s hometown city of Charlotte, North Carolina.

A stylish tip of the cap to Magnolia Bakery!

And as Dole continues to induct companies ripe for the honor, ANUK will be here to report.

SANTA PAULA, CA - Big displays of avocados have a gravity of their own, pulling consumers into the produce department with their versatility, health benefits, and delicious flavor and textures. While the California avocado season might be tapering off for some, Calavo still has six to eight weeks remaining of high-flavor California fruit—and with good volume through September. For retailers and foodservice operators looking to make the most of this high-demand period, Calavo joined me to discuss how to keep excitement high in the produce department and in the basket as we look to the remainder of summer.

“California-grown avocados, at least for the U.S. West Coast, cut down on transportation miles and are locally grown, which can be a very important selling point and preference for some consumers,” Peter Shore, Vice President of Product Management, Calavo Fresh Sales, expressed to me. “California growers are harvesting and delivering excellent quality; fruit is mature with high oil content which gives avocados that nice creamy consistency and full flavor. Sizing is on the larger side, peaking on 48’s with good supplies of 32’s, 36’s and 40’s.”

Shipping the Hass variety out of its Santa Paula, California, facility, Calavo offers partners all bulk pack configurations, Calavo is also adding more value by packing in its popular California bags, which feature bright, fun California-inspired graphics with helpful “Know your Avo” consumer storage and handling tips.

“Partnering with Calavo means benefiting from one of the most experienced avocado shippers in the industry,” Peter shared. “We are celebrating our 100^th anniversary in 2024, which means our 100^th California crop of avocados! We’ve set the standards for superior quality, service, and seamless supply in the fresh avocado category.”

In addition, Calavo partners with its customers to create customizable ripening programs, and offers valuable data and insights for a better decision-making process.

With the myriad of benefits that come with promoting California avocados, this extended time frame with Calavo only increases the opportunities for buying operations across the board.

CALIFORNIA - The Trader Joe’s expansion continues, this time with another new location in the Golden State. Following a slew of other recent store openings in Michigan, California, and Pennsylvania, the retailer has unveiled its newest store, located in Ladera Ranch, California.

“We've consulted our maps and compass and have found a terrific location for a store in Ladera Ranch, CA,” the company stated in its most recent announcement ahead of the grand opening. “Please join Captain Mike and Crew for the Grand Opening Celebration!”

Located at ​​27542 Antonio Pkwy, the store officially opened its doors Friday, August 16, at 9 a.m.

Trader Joe’s has continued to execute a seemingly ambitious expansion plan. In July alone, the retailer announced three new locations in North Carolina, New York, and California. June also brought new stores to California, Pennsylvania, and Washington.

To see where the retailer makes its move next, keep reading the latest updates from AndNowUKnow.

HOUSTON, TX - Sysco welcomes another leader to its rank after selecting Robert Marques to join its Board of Directors. This appointment went into effect on August 15, 2024.

Marques currently serves as a Board Director at Alcoa Corporation, We Mean Business Coalition, and the US Tennis Association Foundation. From 2016 to 2022, starting as Board Director and then Executive Chairman and Group Chief Executive Officer, he led the expansion and transformation of Natura & Co.

According to a press release, Marques was an Executive Vice President and President for North America at Mondelez International prior to that.

He also spent over 25 years at Johnson & Johnson where he held various global executive and senior positions.

"We are very pleased to welcome Roberto to our Board,” commented Kevin Hourican, Chair of the Board and CEO. “Sysco’s Board and management team will benefit from Roberto’s extensive experience in global, consumer-focused businesses. Roberto has worked in a number of consumer sectors, including healthcare, food, and beauty. His range of business experience, especially his international skill set, will be invaluable to Sysco as we continue to advance our Recipe For Growth strategy.”

Congratulations to Roberto Marques on this new appointment!