M&S accused of ripping off ‘brain food’ snacks

Marks & Spencer is facing a fresh legal row over copycat products after it was accused of ripping off a nutritionist’s “brain bomb” health snacks.The supermarket has been hit with legal action over its range of “Brain Balls”, which it released last year as part of its so-called “Brain Food” line, which is designed to provide people with brain health-supporting nutrients that they lack in their diets.It’s “Brain Ball”, which is made using date paste and includes almond butter and raspberry powder, has been developed to be high in zinc and iron. Within the first month, it sold more than 115,000 of the snacks.However, M&S is facing legal action over the health snacks amid accusations that they risk being confused with “brain bomb” products, sold by Dorota Cloke, a nutritionist and health coach.Ms Cloke’s claim centres around her trademark for “Brain Bombs”, which she registered in November 2022, after she started selling the range in 2020. The brain bombs are made using hemp or sesame seeds and lion’s mane mushrooms.A hearing over the case is expected to take place in the coming weeks.A spokesman for M&S said: “We do not agree there is any likelihood of confusion between the two products, given that Brain Ball is clearly branded M&S Food, carries our Eat Well sub-brand and the words BRAIN BALL.“The Brain Ball was developed by our in-house team as part of our Brain Food range and is not a copy of the ‘Brain Bomb’.”Ms Cloke, who describes herself as a precision nutritionist and biohacker, declined to comment.M&S has previously faced accusations over copying smaller manufacturers’ food ranges.Last year, Melton Mowbray-based baker The Cookie Dealer claimed M&S’s relaunch of its cookie range included products that were similar to his.The confectionery retailer Choc on Choc also accused M&S of copying its chocolate egg – which was designed to look similar to a custard cream biscuit – with its release of its “Chocolate Custard Cream Biscuity Easter Egg”.M&S has rejected the allegations, insisting that it never copies any specific products or sellers.In response to Choc on Choc’s claims, an M&S spokesman said at the time: “It’s an evolution of our customer favourite Outrageously Chocolatey Custard Creams and takes inspiration from the much-loved British custard cream.”The cases have faced attention following years where M&S has taken a fiercely protective approach to its own intellectual property.It logged a legal claim against Aldi in 2021 over the discounter’s lookalike version of M&S’s Colin the Caterpillar cake, which it called “Cuthbert the Caterpillar”. The two retailers later reached a confidential settlement a year later.M&S also took legal action against Swizzels, which makes Drumstick lollies and Parma Violets, over its “Pig Mugs” sweets which it has been making since 1996.M&S had argued that the Pigs Mugs sweets were so similar to its popular Percy Pigs that shoppers may buy the Swizzels brand by accident. M&S sells around 270 bags of its sweets per minute.The supermarket later reached an “amicable solution” with Swizzels, but refused to provide further details of the settlement.