Bitter Patch Youngsters Is Suing a YouTuber-Based Sweet Model. 1 Packaging Change Might Make the Distinction
Mondelēz International claims Joyride Sweets’ packaging and human-shaped gummies are designed to confuse shoppers. Experts say the case is more complicated.
Joyride founder Ryan Trahan. Illustration: Inc; Photo: Adobe Stock, Joyride
On Monday, Mondelēz International, the company behind Sour Patch Kids, sued Joyride Sweets for allegedly copying the design of its Sour Patch Kids gummies.
The snack manufacturer claims that Joyride’s candy “features nearly identical copies” of its kid-shaped gummies and uses yellow and green packaging “intended to copy, and cause confusion.”
Joyride, which was founded by Tyler Merrick and YouTuber Ryan Trahan, began selling its sour gummies under the generic name “sour fruit gummies” in 2020. According to court documents, Joyride launched a redesigned version of its candy in 2025 under the name “Sour Smacks” featuring human-shaped gummies.
The packaging changes could matter
Josh Gerben, a trademark attorney and founder of law firm Gerben IP, told Inc. that the evolution of Joyride’s packaging is one of the case’s more unusual features.
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“It is unusual to see this type of packaging change through multiple iterations get closer and closer to a plaintiff’s product,” he said. “It will certainly be a factor that a judge or jury would consider. It does not mean that infringement occurred, but it is good evidence of Joyride’s intent.”
The lawsuit said that “Joyride—true to its name—embarked on a brazen commercial strategy of ‘joyriding’ on the equity of America’s favorite sour chewy candy brand. It stole SOUR PATCH KIDS’ popular look, and dared Mondelēz to do something about it. But these KIDS will not be pushed around.”
The case comes down to consumer confusion
Mondelēz says that Sour Smacks and Sour Patch Kids are often sold side by side at the same retailers. It accuses Joyride of leveraging that proximity to “trick” shoppers into buying Sour Smacks instead of Sour Patch Kids.
Source: www.inc.com
