Procter & Gamble sues Coca-Cola over preservative in fruit drinks

Procter & Gamble asserts Coke's Minute Maid fruit drinks fall within the scope of claims of several P&G patents on processes that control the growth of microorganisms.

US Patents 6,294,214 and U.S. Pat. 5,431,940 are likely implicated.

Some claims of various patents follow.

US 6,773,737 (claims the benefit of Provisional Application No. 60/109,058 filed Nov. 19, 1998. )


.A method for treating food to clean and reduce the level of microorganisms on the surface of said food, said method comprising treatment occurring just prior to consumption, comprising the step of contacting the surface of said food with a aqueous dilute treatment composition comprising a toxicologically-acceptable anionic detergent surfactant; total electrolyte to provide at least about 0.04 molarity of cations, and toxicologically-acceptable basic buffer to provide a pH of greater than about 8.5, the composition being essentially free of any material that adversely affects safety or palatability, so that said food does not need to be rinsed before consumption, said composition comprising:

(a) greater than about 0.015% by weight of a member selected from the group consisting of sodium or potassium lauryl sulfate, and mixtures thereof;

(b) toxicologically-acceptable basic buffer selected from the group consisting of water soluble borates, hydroxides, ortho-phosphates, carbonates, and/or bicarbonates, to provide a pH of from about 8.5 to about 13

(c) sufficient electrolyte to provide at least about 0.04 molarity of cations without considering any surfactant cations:

(d) optionally, from about 0.0005% to about 3% by weight of calcium ion sequestrant selected from the group consisting of water soluble salts of polyphosphates, organic polycarboxylic acid, and mixtures thereof;

(e) optionally, toxicologically-acceptable preservative;

(f) optionally, toxicologically acceptable suds suppressor;

(g) the balance comprising an aqueous carrier optionally containing ethanol.

2. The method of claim 1 wherein said aqueous treatment composition comprises:

(a) less than about 5% by weight and sufficient to maintain the viscosity of said solution to less than about 50 centipoise, of sodium or potassium lauryl sulfate;

(b) toxically-acceptable basic buffer selected from the group consisting of water soluble potassium and/or sodium, hydroxides, ortho-phosphates, and/or carbonates, to provide a pH of from about 10.0 to about 12.5;

(c) sufficient electrolyte to provide at least about 0.08 molarity of cations and

(d) from about 0.001% to about 2% by weight of said calcium ion sequestrant, which is selected from the group consisting of sodium and/or potassium tripolyphosphate, ethylenediaminetetraacetate, citrate, and mixtures thereof.

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US 6,455,086 (from PCT/US98/13279 )


1. A composition for treating food, including produce and meat, and/or surfaces that contact food, to make the food safe to eat, optionally after dilution, comprising:

(A) an effective amount of food compatible sanitizer to reduce the level of microorganisms, selected from the group consisting of: (1) basic buffer to provide a pH of from about 10.5 to about 13; (2) water soluble bleach; (3) water soluble antimicrobials; and (4) mixtures thereof;

(B) an effective amount to provide a desirable odor effect of food compatible, non-substantive perfume; wherein at least about 50% of said non-substantive perfume comprises perfume components having a ClogP of less than about 3.5 and/or a boiling point of about 260.degree. C. or lower and said non-substantive perfume has at least four different perfume components having a ClogP of less than about 3.5 and/or a boiling point of about 260.degree. C. or lower;

(C) optionally, sufficient food compatible detergent surfactant to reduce the surface tension and to reduce the viscosity to less than about 50 cp., to help maximize surface wetting and/or drainage thus minimizing residue, but less than an amount that will affect palatability;

(D) optionally, an effective level of calcium ion sequestrant to sequester calcium in hard water to control calcium precipitates;

(E) optionally, food compatible uncomplexed cyclodextrin;

(F) optionally, food compatible preservative;

(G) optionally, food compatible suds suppressor; and

(H) the balance comprising diluents; an aqueous carrier selected from water and, optionally, low levels of low molecular weight, food compatible organic solvent; and/or minor ingredients;

said composition being essentially free of any material that is not food compatible.

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from US 6,294,214 (This application is a continuation of 08/642,795, filed May 3, 1996, now abandoned, which is a continuation in part of copending application Ser. No. 08/201,300, filed Feb. 24, 1994 now U.S. Pat. 5,431,940, issued Jul. 11, 1995. )


1. Noncarbonated beverage product with improved microbial stability, comprising:

(a) from about 100 ppm to about 400 ppm of a preservative selected from the group consisting of sorbic acid, benzoic acid, alkali metal salts thereof and mixtures thereof;

(b) from about 300 ppm to about 900 ppm of a polyphosphate having the formula: [not illustrated]

where n averages from about 3 to about 100 and each M is independently selected from the group consisting of sodium and potassium atoms;

(c) added water having from 0 ppm to about 60 ppm of hardness; and

(d) a vitamin selected from the group consisting of vitamin A, provitamins thereof, and mixtures thereof, but wherein the beverage product is not fortified with calcium, magnesium, or iron;

wherein the resulting beverage product has a pH of from about 2.5 to about 4.5 and an ambient display time of at least about 10 days.

2. The beverage product of claim 1, wherein the preservative is potassium sorbate and the polyphosphate is sodium hexametaphosphate.