Unilever Wins Packaging Dispute Against Epic Foods Over Bellisima Mayonnaise in South Africa After Allegations of Imitation

Recently, the Advertising Regulatory Board (ARB) of South Africa sided with Unilever in a packaging dispute involving Epic Foods’ Bellisima mayonnaise.

The case centered around the striking resemblance between Bellisima’s packaging and the well-known Hellmann’s mayonnaise design.

The Dispute Over Mayonnaise Packaging

Unilever originally filed a complaint claiming that Bellisima’s blue lid, two-tone label, and ribbon design closely mirrored the signature look of Hellmann’s mayonnaise.

They argued that this could mislead consumers into thinking they were purchasing Hellmann’s, which could harm their brand identity.

After reviewing the case, the ARB agreed, pointing out that Hellmann’s had built up significant brand recognition in the market.

They also noted that the packaging design had become a recognizable visual marker for the brand over time.

Exploiting a Gap in the Market

In its ruling, the ARB also referenced the temporary exit of Hellmann’s from the South African market in early 2023.

Unilever had pulled the product due to high import costs, but consumer demand led to its return just months later in May or June of the same year.

The ARB believes that Epic Foods saw this as an opportunity to capitalize on the gap by mimicking Hellmann’s packaging elements.

Epic Foods did not respond to the complaint, which further contributed to the ARB’s decision.

Regulatory Action and Consequences for Bellisima

The ARB found that Bellisima’s packaging violated key clauses in the Code of Advertising Practice.

Specifically, it breached:

• Clause 8, which addresses the exploitation of advertising goodwill
• Clause 9, which prohibits imitation of existing brands

As a result, the ARB ordered that advertisements featuring the current Bellisima packaging be stopped within a month.

Hellmann’s Return to South Africa

Unilever explained that Hellmann’s had been withdrawn from South Africa due to the high cost of importing the product.

However, after a surge in public demand, the brand was reintroduced later in 2023.

The ARB’s ruling suggests that Epic Foods strategically launched Bellisima during Hellmann’s absence, using its familiar packaging design to strengthen consumer recognition.

According to the ARB, Epic Foods likely saw Hellmann’s exit as an opportunity to capitalize on the brand’s established visual identity, which further influenced their decision in favor of Unilever.

What’s Next for South African Shoppers?

With this ruling in place, shoppers in South Africa can expect to see changes to Bellisima’s packaging in the near future.

The case highlights how closely branding and packaging can be linked to consumer perception, and how companies can be held accountable for using similar designs to a competitor.

This article was published on TDPel Media. Thanks for reading!

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