Mondelez ends 7-year partnership with Ghost after the KDP acquisition, shutting down the iconic flavor collaborations that helped build Ghost into a powerhouse brand. Read the story and see the lawsuit documents below.
In a sad and seemingly-bitter ending to a successful 7-year partnership, Mondelez has filed a lawsuit against GHOST, demanding destruction of all remaining branded inventory just two weeks before Ghost’s proposed sell-through date.
In what appears to be fallout from Ghost’s recent acquisition by Keurig Dr Pepper, Mondelez International has filed a lawsuit against Ghost LLC and Keurig Dr Pepper over the continued use of their branded flavors including Sour Patch Kids, OREO, Swedish Fish, and others in Ghost’s product lineup.[1]
The suit, filed on April 24, 2025 in the U.S. District Court for the Northern District of Illinois, alleges that Ghost’s license to use these famous flavor collaborations terminated on April 17, 2025, following the completion of Ghost’s acquisition by Keurig Dr Pepper in December 2024.
The End of an Era
Ghost Co-Founder and CEO Dan Lourenço addressed the situation directly on social media, confirming that Ghost’s iconic Mondelez collaborations are indeed in jeopardy:[2-4]
“Some of my favorite @GhostLifestyle collabs over the years have been our iterations of classic Mondelez brands. I’m proud of the way we transformed nostalgic cookies and candies into functional categories”
“Although we fought hard to ‘keep the band together’ Mondelez has decided not to move forward with us in this next chapter of @GhostLifestyle — we just want to make cool sh*t but big corps have their own priorities. We know we held up our end of the deal”
“I’ll miss my Swedish Fish but trust me legends, we have so much more coming that I can’t wait for you to see. Brick by brick we keep building! And with that said, we’ve produced the last of these @GhostLifestyle collabs and there’s limited stock remaining. Get them while you can.”
— Dan Lourenço, GHOST Co-Founder and CEO[2-4]
The termination officially ends Ghost’s ability to use these iconic flavor collaborations, which include:[5]
KDP Acquisition Triggers Contract Dispute
In a monumental turn of events, Ghost Lifestyle has been acquired by Keurig Dr Pepper in a deal worth $1.65 Billion Dollars! Our only question is, when’s the Dr Pepper energy drink collab?!
At the heart of the dispute is Ghost’s $1.65 billion acquisition by Keurig Dr Pepper, which was announced in October 2024 and closed on December 31, 2024.
According to court documents, Mondelez claims Ghost breached their licensing agreement by failing to obtain written approval before transferring control to KDP. The complaint alleges this transfer of rights triggered a termination clause in the licensing agreement.
However, Ghost challenges this interpretation, with the company expressing their disappointment that Mondelez International chose to end a mutually-beneficial 7-year partnership. They claim that there was not a breach of contract, but it remains to be seen if this can be defended in court, or if it even matters, since the breakup seems quite “official” at this point.
Given that KDP is a major beverage company that competes in similar retail channels as Mondelez, the snack giant may not want its brands associated with a competitor. There appears to be much more than meets the eye, because the licensing deal was fruitful for both sides for so long.
Timing and Alleged Breach
The timing of events suggests this dispute stems directly from the KDP acquisition:
The flavor collab that really put the industry on notice. This image is from September 16, 2018, and the caption rings true still to this day!
- October 23, 2024: KDP announces agreement to acquire Ghost
- December 31, 2024: KDP acquisition closes, giving them controlling interest in Ghost
- January 29, 2025: Mondelez informs Ghost that their licensing agreement would end within three months due to the acquisition
- March 18, 2025: Mondelez provides formal termination notice, setting April 17, 2025 as the end date
- April 17, 2025: License officially terminates according to Mondelez
- April 24, 2025: Mondelez files lawsuit claiming Ghost continues to sell products bearing their trademarks
- April 30, 2025: Ghost’s proposed end date for continuing to sell remaining inventory
Two weeks in discrepancy?!
Interestingly, the lawsuit partly centers around just a two-week discrepancy in sell-off periods: April 17 versus April 30. Mondelez is pushing for no sell-off period at all, demanding immediate destruction of all branded inventory. Given that the case likely won’t see a judge until after April 30, this urgency seems peculiar.
According to the complaint, Ghost never sought Mondelez’s written approval for the rights transfer before the acquisition closed. Mondelez claims they rejected Ghost’s belated request for approval that came after the acquisition had already completed.
No doubt, this was an unexpected twist, especially since the two companies recently came together to defend a lawsuit against Ghost Energy for their candy-themed branding.
What This Means for Consumers
Judge dismisses lawsuit against GHOST Energy for candy-themed branding, ruling no reasonable consumer would think Sour Patch Kids drinks are for children. Major industry win.
For Ghost fans, the message is clear from Dan Lourenço’s tweets: “we’ve produced the last of these @GhostLifestyle collabs and there’s limited stock remaining. Get them while you can.”
If Mondelez succeeds in their lawsuit, Ghost would be prohibited from:
- Using any Mondelez trademarks
- Selling existing inventory with these branded flavors
- Marketing products that imitate the flavor of Mondelez’s products
- Using these brands in marketing materials and social media
The lawsuit asks the court to order Ghost to destroy all goods, labels, packaging, and marketing materials bearing the Mondelez trademarks, which would eliminate any remaining inventory if granted.
The Business Behind the Dispute
This dispute highlights the complex business dynamics at play in the supplement industry. Ghost’s work with Mondelez has been a long-time success, with them first announcing the Sour Patch Kids & Swedish Fish in 2018, in what Dan and Ryan Hughes called “Project X”. GHOST Ghost’s acquisition by KDP marked a significant evolution for the brand that began as an independent, lifestyle-focused supplement company. As we reported in October 2024, the $1.65 billion deal gave KDP a 60% stake in Ghost, with plans to acquire the remaining 40% in 2028.
Several factors suggest this legal battle may be about more than just contract technicalities:
- Practical realities: Much of this inventory is already in distribution channels and on retail shelves. Mondelez’s demand to destroy all remaining inventory seems excessive when most products are likely already sold to retailers and in the marketplace.
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Recent brand engagement: As recently as February 2025, Chips Ahoy’s official Instagram account was still promoting their Ghost collaboration,[6] making it difficult to imagine any significant damage to Mondelez’s brands in such a short timeframe.
- Competitive dynamics: In 2021, Mondelez acquired Grenade,[7] a competitor in the protein bar and functional foods space that competes with Ghost in certain categories. This created a potential conflict of interest that might explain Mondelez’s eagerness to end the Ghost partnership following the KDP deal.
- Financial considerations: Mondelez recently faced a stock downgrade from DA Davidson (from Buy to Neutral),[8] suggesting financial pressures. Terminating what was likely a lucrative licensing agreement with Ghost, which probably generated millions in royalty income, raises questions about the business wisdom behind this decision.
The lawsuit comes as sealed documents in the case (which are not publicly available) suggest there may be additional factors at play beyond just a straightforward contract dispute. The case has been assigned to the court’s Lanham Act mediation program,[9] which is designed to help resolve trademark disputes without full-scale litigation.
The sealed documents in the case might provide more insight into these dynamics, but the publicly available information points to complex business interests at play beyond a simple contract dispute.
What’s Next for Ghost?
Dan Lourenço remains optimistic about Ghost’s future despite this setback: “I’ll miss my Swedish Fish but trust me legends, we have so much more coming that I can’t wait for you to see. Brick by brick we keep building!”
We can only imagine the new flavors of Ghost Whey that should be coming…
Regardless, Dan seems very excited about their upcoming product development. Between KDP and General Mills (recall that GM distributes Ghost Protein Cereal), it’s not like they have a shortage of potential innovative flavors to bring to market!
While Ghost has yet to file its formal response to the lawsuit, their initial statement and continued sale of the flavors through the end of April indicates that they probably don’t agree with Mondelez’s sell-off demands. For now, Ghost products featuring these popular collaborations remain available in stores and online, but as Dan said, get ’em while you can.
We’ll continue to monitor this situation and provide updates as this legal battle unfolds, but ultimately, it looks like a sad and bitter ending to what was an incredible partnership that moved the entire industry forward. For more details on Ghost’s story earlier in 2024, listen to Dan Lourenço on Episode #143, talking about the Ghost 100 Year Plan.
You can follow PricePlow’s Ghost news to stay up to date on all things Ghost — never a dull day lately!
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