David Protein’s acquisition spurs lawsuit, Hershey’s nostalgia play and the sugar policy shake-up

This week’s round up features stories on David’s Epogee acquisition which faces an antitrust lawsuit, Hershey’s flavor-forward launches and the impact of SNAP restrictions on better-for-you soda and candy

Emerging protein bar brand David Protein raised $75 million in Series A funding to acquire food-tech company Epogee.

The acquisition of Epogee, known for its plant-based fat alternative EPG, aims to strengthen David’s supply chain and support product innovation. However, the acquisition is met with legal implications. On June 2, several of Epogee’s former customers filed an antitrust lawsuit in the US District Court for the southern district of New York claiming they no longer have access to the ingredient ‐ many of which have built their business around EPG’s functionality.

Customers, including those of David, are calling for a boycott of David’s products on platforms like Reddit on the grounds of the company monopolizing the ingredient.

“If it’s true that David is contemplating a monopoly on EPG or withholding it from other food suppliers, I urge you to reconsider. Please realize that we, your customers, are also loyal to many other brands that are crucial to our diets and meal planning. That we, your customers, will be devastated if our cherished and relied-upon brands disappear due to David restricting their use of EPG,” one Reddit user wrote.

EPG can reduce calories from fat by up to 92%, allowing David to deliver higher protein content without added sugar, according to the company. Per the acquisition agreement, Epogee will continue operating as a standalone entity, with David assisting in logistics, manufacturing and regulatory support.

Founded by RXBAR co-founder Peter Rahal, David launched in September 2024 and quickly gained traction, generating $1 million in sales during its first week and projecting $140 million in revenue for its first year, according to the company.

Read the full story: Why snack bar brand David acquired food-tech company Epogee

Hershey embraces dual flavors and nostalgia

At the Sweets & Snacks Expo, The Hershey Company unveiled a range of new products focusing on dual flavors, textures and nostalgic appeal. Reese’s introduced variations like Chocolate Lava Cup, Caramel Big Cup and the long-anticipated PB&J Cup, responding to consumer demand.

Jolly Rancher expanded its portfolio with products like Ropes, Chewy Poppers and Freeze Dried candies, targeting younger consumers seeking bold flavors and textures.

Additionally, the company partnered with NBA legend Shaquille O’Neal to launch Shaq-A-Licious XL gummies, available in various shapes and flavors.

Read full story here: Hershey’s innovation strategy: Flavor mashups, fan demand and Gen Z focus

Regulatory scrutiny on sugar impacts better-for-you brands

As sugar reduction policies gain momentum, some better-for-you brands are feeling the unintended consequences. USDA Secretary Brooke Rollins approved waivers for several states to restrict the use of Supplemental Nutrition Assistance Program (SNAP) funds for purchasing items like soda, energy drinks and candy. While intended to promote healthier choices, these measures have raised concerns among better-for-you brands that offer low- or no-sugar alternatives. Industry stakeholders argue that the lack of clear definitions for products like ‘soda’ or ‘candy’ could lead to confusion and inadvertently penalize healthier options.

Amy Taylor, CEO of Zevia, highlighted the need for clearer guidelines to ensure that innovative, health-focused products are not unfairly excluded from consumer access.

Listen to the full Soups-to-Nuts podcast episode here: The war on sugar: Are better-for-you options unfairly caught in the crosshairs?