The Advertising Regulatory Board (ARB) of South Africa not too long ago dominated in favour of Unilever South Africa over a mayonnaise packaging infringement dispute.
According to BizCommunity, the ARB said that the packaging of Epic Foods’ Bellisima mayonnaise intently resembles the well-known design of Hellmann’s mayonnaise.
Mayonnaise packaging dispute
Unilever lodged the unique criticism, arguing that Bellisima’s blue lid, two-toned label, and ribbon design mimicked Hellmann’s signature look.
This doubtlessly misled shoppers, they argued.
The ARB agreed, noting that Hellmann’s packaging had constructed robust model recognition over time.
The ruling additionally famous Hellmann’s temporary exit from the South African market in early 2023.
The ARB discovered that Epic Foods sought to capitalise on this by imitating key visible components.
Epic Foods didn’t reply to the criticism.
Regulatory motion
The ARB discovered Bellisima’s packaging violated the next clauses:
- Clause 8 (Exploitation of Advertising Goodwill), and
- Clause 9 (Imitation) of the Code of Advertising Practice
As a consequence, ARB members should cease accepting commercials for Bellisima’s current packaging inside a month.
Hellmann’s momentary exit
Unilever defined that it had discontinued Hellmann’s in South Africa attributable to excessive import prices, formally withdrawing it on 31 January 2023. However, public demand led to its return in May/June 2023.
The ARB ruling subsequently means that Epic Foods took benefit of Hellmann’s absence to introduce Bellisima with a strikingly comparable design, reinforcing client recognition of the model’s commerce costume.
“It is the Complainant’s suspicion that, when the Advertiser became aware of the discontinuation of the Hellmann’s product in South Africa, it saw this as opportunity to misappropriate the well-established and familiar Hellmann’s get-up in relation to its Bellisima offering,” the ruling read.
Have you been capable of finding Hellmann’s in SA shops?
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