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ITC patent infringement case: update

Tate Lyle PLC (“Tate Lyle”) announces that on 22 September 2008 an Administrative Law Judge at the U.S. International Trade Commission (“ITC”) in Washington D.C. gave his initial/preliminary ruling in respect of the patent-infringement case against certain manufacturers and importers of Chinese sucralose. With the exception of certain non-participating and defaulted Defendants, the Judge did not agree with Tate Lyle’s claims. The Judge’s initial determination concerning the infringement ruling follows the trial earlier this year. A binding final determination by the full six-person Commission is expected by January 2009.

Robert Gibber, General Counsel of Tate Lyle, said “This is a complex case involving a huge amount of in-depth technical analysis and debate between scientific experts. We would not have proceeded with an ITC case unless we believed we had adequate evidence to demonstrate that our patents are being infringed. We intend to petition for an appeal of the decision by the full Commission.”

Karl Kramer, President, Tate Lyle Sucralose said, “Intellectual property is just one of a number of different layers of protection which define Tate Lyle’s formidable competitive advantage in the global sucralose business. Our facilities in the US and Singapore, which operate at a level of cost, efficiency and environmental stewardship surpassed by none, produce sucralose which meets the highest standards of quality, purity and hygiene. Our business is built upon long-standing relationships with some of the world’s leading food, beverage and pharmaceutical manufacturers, as well as the established SPLENDA® brand which is renowned as a high quality, reliable and trusted product in a number of markets.”

Tate Lyle operates through two global business units, Speciality Food Ingredients and Bulk Ingredients, supported by Innovation and Commercial Development. The Group's strategy is to become the leading global provider of Speciality Food Ingredients through a disciplined focus on growth, and by driving the Bulk Ingredients business for sustained cash generation to fuel this growth.

Speciality Food Ingredients include starch-based speciality ingredients (corn-based speciality starches, sweeteners and fibres), no calorie sweeteners (including SPLENDA® Sucralose) and Food Systems which provides blended ingredient solutions. Bulk Ingredients include corn-based bulk sweeteners, industrial starches and fermentation products (primarily acidulants). The co-products from both divisions are primarily sold as animal feed.

Tate Lyle is listed on the London Stock Exchange under the symbol TATE.L. American Depositary Receipts trade under TATYY. In the year to 31 March 2012, Tate Lyle sales totalled £3.1 billion. http://www.tateandlyle.com. SPLENDA® is a trademark of McNeil Nutritionals, LLC

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