Lehi Business
Protein bar “war” breaks out in Utah County
Rob Shelton | Lehi Free Press
First came the dirty soda wars between Swig and Sodalicious. Then the cookie wars erupted between Crumbl, Crave and Dirty Dough. Now, Utah County finds itself embroiled in protein bar wars as Springville startup Blue Unicorn has firmly rejected a lawsuit claiming its product formulation was derived from proprietary trade information belonging to rival American Fork-based Built Brands LLC.
The dispute, which centers on alleged trade secret misappropriation and potentially misleading market claims, has escalated this week following Blue Unicorn’s formal response characterizing Built’s accusations as unfounded.
Built Brands, maker of Built Bar and Built Puff protein snacks, filed the lawsuit in November 2024 in U.S. District Court for Utah. The company charged Springville-based Blue Unicorn with developing protein bar products “using the Built trade secrets,” including “confidential and proprietary information pertaining to the production, preparation and manufacture of certain protein bar products.”
Blue Unicorn countered this week that its plant-based, dairy-free protein bars fundamentally differ from Built’s whey protein offerings, positioning their products as “an alternative to those who struggle with dairy intolerance.”
“Our product is fundamentally different from Built’s,” said Jason Christensen, founder and CEO of Blue Unicorn, which launched in February 2024. “They make whey protein bars. We developed and produce a fluffy, plant-based protein bar that has the macronutrients of the best functional protein bars but tastes like a treat.”
Christensen added, “Consumers deserve choices, and we’re here to provide them. This lawsuit won’t stop us from doing what we set out to do — bring innovative protein products to people whose needs aren’t being met with current options.”
Christensen has also taken his defense to social media, posting his thoughts on LinkedIn where he characterized the lawsuit as an attempt by a larger competitor to stifle innovation in the protein bar market.
The legal battle hinges partly on allegations about comments made at a local farmers’ market regarding the origin of Blue Unicorn’s products. Built claims Blue Unicorn representatives told consumers their formulation came “from Built.”
More centrally, the lawsuit focuses on Dr. Luke Tolley, a food scientist who previously contracted with Built and now appears on Blue Unicorn’s website as the developer of its product formula.
According to court documents, Built entered into an asset purchase agreement and product development agreement in November 2018 with The Other Nutrition Company, where Tolley and some family members served as principals. The asset agreement reportedly transferred to Built “all rights, title and interests in, to and under any and all ‘whipped whey protein-based products’” along with associated intellectual property rights.
The product development agreement, effective from November 2018 to November 2020, outlined “an intent to develop an emulsified whey product with truffle texture and taste.” Built contends that, under this agreement, Tolley agreed not to “disclose confidential information to any third party or use the confidential information for any purpose” beyond his contractual obligations.
Court filings indicate Built discovered around July 2024 that Blue Unicorn and Christensen had begun producing competing protein bars. Built alleges Blue Unicorn was marketing these products at a Springville farmers’ market where representatives claimed their formulation came “from Built.”
“Blue Unicorn’s representations that the recipe for Blue Unicorn’s competing protein bars comes ‘from Built’ is misleading in that it is likely to cause consumer confusion,” Built argued in the lawsuit. The company further alleged Blue Unicorn has been “actively approaching Built’s wholesale customers and other influential individuals in Utah County” to promote its competing products.
Christensen dismissed as baseless the allegations that Tolley misappropriated Built’s trade secrets for Blue Unicorn, maintaining Tolley’s work for the startup commenced after his contract with Built had expired.
“Dr. Tolley developed Blue Unicorn’s proprietary technology and recipes based on his ongoing research in plant-based proteins, work that he conducted several years after his contract with Built ended,” Christensen said. “Dr. Tolley was never employed or bound by any non-compete agreement with Built.”
The lawsuit seeks both compensatory and punitive damages, along with injunctive relief that could potentially halt Blue Unicorn’s operations.
Utah’s previous food and beverage conflicts have taken different paths to resolution. The soda wars between Swig and Sodalicious ended in 2018 with a settlement after two years of litigation over trade dress and business practices, with both companies continuing successful operations.
Similarly, the cookie wars between Crumbl, Crave and Dirty Dough settled in 2023 after heated trademark disputes, allowing companies to expand nationally with modified business practices. One can speculate whether the protein bar wars will follow a similar pattern of eventual coexistence or if the specific trade secret allegations might lead to more definitive legal outcomes.
