What is the Mid-Day Squares controversy?

December 8, 2025 •

4 min read

In 2021, after turning down a potential acquisition offer, Mid-Day Squares received a cease-and-desist letter from chocolate giant Hershey's over packaging colors, sparking the Mid-Day Squares controversy. This legal threat ignited an unconventional public relations battle that the small Canadian company documented across its social media channels.

Quick Summary

The Mid-Day Squares controversy centers on trademark disputes with Hershey's and Kellogg (RXBar) over product packaging, leading the company to document its battle publicly and create viral marketing content.

Key Points

Hershey's Trademark Dispute: Mid-Day Squares received a cease-and-desist letter from Hershey's over the orange packaging of their Peanut Butta bar, which Hershey's claimed was too similar to Reese's branding.
Rejected Acquisition Offer: The legal threat from Hershey's came shortly after Mid-Day Squares rejected an acquisition offer, fueling a 'David vs. Goliath' narrative that the company amplified.
Unconventional Marketing Response: Instead of quietly capitulating, the founders released a viral "diss track" music video and launched an NFT project to rally their community against the corporate giant.
Kellogg's RXBar Complaint: Prior to the Hershey's incident, Mid-Day Squares also faced a trademark claim from Kellogg regarding the packaging for their RXBar products, forcing an earlier redesign.
Social Media Transparency: Mid-Day Squares uses an unfiltered, "behind-the-scenes" social media approach, documenting internal struggles and legal battles to build deep, authentic engagement with their customer base.
Successful Brand Reinforcement: By publicly tackling the controversy, Mid-Day Squares successfully strengthened its brand identity as an authentic, rebellious newcomer, turning a potential disaster into a major marketing win.

The Origins of the Mid-Day Squares Controversy

The Mid-Day Squares controversy is not a single event but a series of trademark disputes that the company's founders chose to address publicly through their candid social media platforms. Unlike traditional corporate entities that handle legal issues privately, Mid-Day Squares used their authentic, 'behind-the-scenes' narrative to rally their community. The primary issues came from two large food and beverage conglomerates: Kellogg and Hershey's.

The Kellogg's RXBar Complaint

The first instance involved a trademark infringement claim from Kellogg, the parent company of RXBar, concerning Mid-Day Squares' original packaging. Kellogg argued that the design was too similar and could confuse consumers. Mid-Day Squares, a small startup at the time, lacked the financial resources to wage a protracted legal battle against a corporate giant. The founders instead decided to overhaul their packaging completely, documenting the accelerated, 21-day redesign process for their audience on Instagram. This transparency turned a difficult corporate setback into an engaging, relatable story for their growing fanbase.

The Hershey's Peanut Butta Dispute

The most significant and well-publicized facet of the Mid-Day Squares controversy came from a standoff with Hershey's. In March 2021, Hershey's reportedly expressed interest in acquiring the Canadian company, but Mid-Day Squares declined the offer, aspiring for an IPO instead. Just one month later, in June 2021, Hershey's issued a cease-and-desist letter claiming that the orange packaging for Mid-Day Squares' Peanut Butta bar too closely resembled the iconic color of Reese's Peanut Butter Cups.

This sequence of events—the rejected acquisition followed by a legal threat—was characterized by the founders as a classic 'David vs. Goliath' narrative. Rather than engaging in a costly courtroom fight, Mid-Day Squares once again chose to use the situation as a marketing opportunity. They released a "diss track" music video, titled "Chocolate Gone Crazy," aimed directly at Hershey's. This creative and defiant response garnered viral attention and further solidified the company's anti-establishment brand image.

Mid-Day Squares' Controversial Marketing Tactics

The company's response to the legal threats cemented its reputation for unconventional and often controversial marketing.

The Reality Show Model: The founders have built their brand by documenting the company's journey, including the struggles and internal drama, on social media. This unfiltered, and sometimes expletive-laden, content creates a high level of engagement and makes customers feel personally invested in the brand's success.
The "Diss Track" and NFT Drop: The viral music video mocking Hershey's was a turning point. To memorialize the moment, the company also launched an NFT project tied to physical VHS tapes of the video, creating collectible memorabilia for their most loyal fans.
Transparent Founder Updates: The company's openness extends beyond legal issues. The founders have candidly discussed personal challenges like burnout, which helps them build a deeper, more human connection with their audience.

Comparison: Mid-Day Squares vs. Traditional PR


Aspect	Mid-Day Squares' Approach	Traditional Corporate PR Approach
Legal Strategy	Turned legal threats into public marketing events; avoided costly litigation by adapting.	Handled discreetly and privately; aimed to resolve matters with minimal public exposure.
Communication Style	Raw, unfiltered, and transparent via social media reality series.	Polished, curated, and often reactive statements through official channels.
Audience Engagement	Built community by documenting challenges and showing vulnerability.	Focused on maintaining a consistent, brand-safe message to avoid alienating customers.
Outcome	Transformed a potential PR nightmare into a viral marketing triumph, reinforcing brand authenticity.	Typically aims to minimize negative impact and return to normal brand messaging as quickly as possible.

The Aftermath and Lasting Impact

In the aftermath of the legal disputes, Mid-Day Squares ultimately altered its packaging to appease the corporate giants, but not before leveraging the entire saga for immense brand visibility. The company’s sales and brand following grew exponentially as a result of their unapologetic and open approach. The strategy of publicly embracing challenges and using them as a tool for storytelling proved to be a powerful motivator for consumers who appreciate authenticity and underdog narratives. By taking on Hershey's and Kellogg's, even if symbolically, Mid-Day Squares positioned itself as a fearless, community-driven brand, a modern-day challenger to the food industry's old guard.

While critics may see the tactics as overly performative, the results speak for themselves. The company not only survived potential legal attacks but used them to build a robust and highly engaged customer base. This innovative, media-first strategy has become a case study in modern branding and entrepreneurship. The Mid-Day Squares controversy demonstrates that in the age of social media, transparency and bold storytelling can be more effective than traditional risk-averse tactics. To learn more about their unconventional journey, a detailed account of their handling of the Hershey and Kellogg pressure can be found in this Business Insider article: How Mid-Day Squares Revamped Packaging After Kellogg, Hershey Pressure.

In the long run, Mid-Day Squares' success is a testament to their unique philosophy: viewing challenges not as obstacles, but as opportunities to tell a more compelling story. This approach has not only built a business but has also cultivated a community that champions their every move.

Conclusion

The Mid-Day Squares controversy, initiated by trademark disputes with major food companies like Hershey's and Kellogg's, was skillfully navigated by the startup's founders through candid, public social media communication. By documenting their struggles and responding with a bold marketing campaign that included a viral "diss track," they transformed a legal threat into a powerful branding moment. This 'David vs. Goliath' narrative resonated deeply with consumers, solidifying their reputation for transparency and authenticity. The saga proves that innovative and unconventional marketing can turn corporate conflicts into significant victories for smaller brands, building customer loyalty and brand equity in the process.

Frequently Asked Questions

The main controversy stems from a legal dispute with Hershey's in 2021, which sent a cease-and-desist letter claiming Mid-Day Squares' orange peanut butter bar packaging was too similar to Reese's.

While Mid-Day Squares received a cease-and-desist letter threatening a lawsuit, the founders opted to change their packaging instead of fighting a costly legal battle in court.

Hershey's claimed that the orange color used on Mid-Day Squares' Peanut Butta bar wrapper constituted trademark infringement, as it was too similar to the brand color of Reese's Peanut Butter Cups.

Mid-Day Squares turned the legal dispute into a marketing campaign, creating a viral "diss track" music video and launching an NFT project based on the incident, while documenting the entire process on social media.

Yes, before the dispute with Hershey's, Mid-Day Squares also received a legal complaint from Kellogg concerning their RXBar packaging. They also publicly addressed and resolved this issue.

The narrative refers to Mid-Day Squares' status as a small, independent brand taking on massive food industry players like Hershey's and Kellogg's. The story is enhanced by the fact that Hershey's approached them for an acquisition before the legal threat.

No, Mid-Day Squares' founders rejected the acquisition offer from Hershey's, a decision they publicized as part of their independent brand journey.

The controversy and the company's public response significantly boosted brand visibility and customer loyalty. It turned a potentially negative situation into a successful marketing moment that resonated with their audience.

Mid-Day Squares redesigned its packaging following the legal complaints from both Kellogg and Hershey's. They publicly shared their redesign journey with their social media followers.