ConAgra declares war on ADM in IP battle over white whole wheat flour

22-Mar-2012 - Last updated on 22-Mar-2012 at 15:40 GMT

ConAgra claims that ADM's Kansas Diamond White Whole Wheat Flour infringes a patent it was awarded last September

ConAgra has accused agrifood giant ADM of infringing a patent covering technology enabling it to produce high fiber whole wheat flour with the palatability and appeal of refined white flour.

In a complaint filed in Kansas, ConAgra Foods Food Ingredients Company claims ADM’s Kansas Diamond White Whole Wheat Flour infringes a patent it was awarded on September 13, 2011.

The patent, US #8,017,172, is entitled ‘Whole Grain Flour and Products Including the Same’, and covers refined flour capable of meeting the definition of ‘whole wheat flour’.

It says: “In the late 1990s, ConAgra’s leading food scientists and grain millers attempted to develop nutritious, high fiber whole wheat food products with the palatable appeal and popularity of refined, or white, flour that draw a large segment of ConAgra’s customers.”

Years of testing, development and technological improvement

It adds: “Further, ConAgra sought to develop refined flour capable of meeting the definition of ‘whole wheat flour’.

“Through years of testing, development, and technological improvement of its state-of-the-art flour mills, ConAgra succeeded in milling a whole grain not only retaining its traditional nutrients and benefits, but also containing the texture, taste, and finished baked qualities of refined flour.

“To preserve this new innovation… ConAgra promptly sought patent protection.”

While ConAgra had emailed ADM on September 22, 2011 informing it of the ‘172 patent and offering to engage in a licensing arrangement, ADM had continued to sell white whole wheat products that infringed the patent, says the complaint.

A light colored yet fiber and protein rich flour

ConAgra, which is represented by legal firm Shook, Hardy & Bacon LLP, is seeking a jury trial, damages and an injunction to prevent ADM from selling the allegedly infringing products.

According to ADM’s website, Kansas Diamond White Whole Wheat Flour is prepared by "carefully selecting and milling hard white wheats to ensure that the process yields a light-colored, yet fiber- and protein-rich flour with microfine particles that produce a smooth, pleasing mouth feel”.

The resulting product conforms to the US Standard of Identity for whole wheat flour.

ADM: We geberally don't comment on litgation

Omaha-based ConAgra Foods is one of the biggest food companies in the US and is organized into two businesses: Consumer Foods, which sells grocery brands such as Healthy Choice and Egg Beaters; and Commercial Foods, which supplies specialty products to foodservice and manufacturing customers including frozen potato products, flours and Spicetec flavors and seasonings.

Decatur, Illinois-based agrifood giant ADM is even bigger, and makes a vast range of products from soybean oil to starch, glucose, dextrose, high fructose corn syrup, wheat flour and cocoa liquor.

An ADM spokeswoman said: "We generally don’t comment on litigation."

1 comment

Pick Your Poison

Posted by William L. Wilson, M.D., 22 March 2012 - 17:07 GMT

Arguing over the difference between light-colored whole wheat flour and regular white flour is like arguing over the difference between smoking cigarettes and cigars—they are both toxic.

Recent research has shown that excessive fructose primarily from sucrose and HFCS is the primary driver behind insulin resistance and central obesity. Once a person has insulin resistance and they consume high glycemic carbohydrates, their brain is subjected to magnified glucose spikes. Because excessive glucose is toxic to nerve cells, over time these magnified glucose spikes seem to trigger a chronic brain disease characterized by symptoms indicating low levels of monoamine neurotransmitters such as serotonin, dopamine and norepinephrine.

At this point individuals are often misdiagnosed as having depression, ADHD, PTSD, eating disorders, bipolar II, anxiety disorders, fibromyalgia, PMS, irritable bowel syndrome and similar conditions. We now call this disease Carbohydrate Associated Reversible Brain syndrome or CARB syndrome. Because the brain plays a critical role in auto-regulating fat stores, people with CARB syndrome start to store extra fat at virtually any caloric intake. If they “diet” and restrict calories, they continue to store extra fat as they lose lean body mass becoming a thin obese person.

Thus although high fiber flour may be better for people with CARB syndrome, there is mounting evidence that all grains, including high fiber grains, should be avoided because they are loaded with phytates, toxins and anti-nutrients that contribute to auto-immune and inflammatory diseases. For a more complete discussion of this topic, I recommend reading Loren Cordain’s book “The Paleo Answer”. Thus when it comes to grains, it’s a game of pick your poison. Perhaps it would be a lot easier to limit your intake of all grains and stick with a diet consisting of meat, fowl, seafood, fish, nuts, vegetables and fruit.

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