TC09095 - [2024] UKFTT 00181 (TC)

All the Products are in the form of rectangular bars of a similar size, roughly 10 x 4 cm. The size is similar to small chocolate bars and filled chocolate and wafer bars.

The Nakd Berry Delight Wholefood Bar, Nakd Cashew Cookie Wholefood Bar, Nakd Bakewell Tart Wholefood Bar, Nakd Blueberry Muffin Wholefood Bar, Nakd Lemon Drizzle Wholefood Bar, Nakd Bakewell Tart Wholefood Bar, Nakd Gingerbread Wholefood Bar and Nakd Banana Bread Breakfast Bar are all brown. Most are a dark but not quite chocolate brown. The bars look smooth and are uniform in colour or nearly so except for the Nakd Peanut Delight Wholefood Bar which has pieces of peanut clearly visible on its surface.

The Nakd Cocoa bars are all dark chocolate brown. The colour is uniform and slightly glossy.

The Organix Carrot Cake and Banana Soft Oaty Bars are golden brown. They are slightly textured and appear to be made of compressed crumbs which is perhaps due to the high percentage of oats in the ingredients.

All the Nakd bars are smooth, sticky and squidgy to the touch. The Organix bars are less sticky and slightly rougher to the touch than the Nakd bars but still soft when squeezed.

The Nakd Berry Delight Wholefood Bar, Nakd Cashew Cookie Wholefood Bar, Nakd Blueberry Muffin Wholefood Bar, Nakd Lemon Drizzle Wholefood Bar, Nakd Gingerbread Wholefood Bar, Nakd Banana Bread Breakfast Bar, Nakd Cocoa Orange Wholefood Bar, Nakd Cocoa Delight Wholefood Bar and Nakd Cocoa Twist Breakfast Bar are not smooth on the tongue like chocolate or crumbly in the mouth like a cake but chewy like fudge with fine pieces of nut, seeds or pips giving a slightly gritty texture. The Nakd Berry Bliss Breakfast Bar and Nakd Banana Bread Breakfast Bar are similarly chewy but with a slightly less gritty texture perhaps because of the oats. The Nakd Peanut Delight Wholefood Bar has a nutty fudgy texture but is less smooth due to the large pieces of peanut in the bar. We considered that the cashews in the Nakd Bakewell Tart Wholefood Bar give some of the texture of almonds in the traditional Bakewell tart.

The Organix Carrot Cake Soft Oaty Bar and Banana Soft Oaty Bar are crumblier than the Nakd bars but not as crumbly or moist as a cake. They are not smooth or creamy in the mouth but dry perhaps due to oats.

The Products have an energy density that is similar to many confectionery bars. By energy density, we mean that the Products have high calorific values derived from the naturally sweet dried fruits combined with nuts and/or oats in a small compressed and chewy bar which is very similar to energy dense bars such as traditional nougat or fudge nut bars.

The Nakd Berry Delight Wholefood Bar tastes predominantly of raspberry. The Nakd Berry Bliss Breakfast Bar tastes of fruit and berries. The Nakd Peanut Delight Wholefood Bar unsurprisingly tastes mainly of peanuts.

The Nakd bars that emulate cakes have flavours similar to the items on which they are based. For example, the Blueberry Muffin Wholefood Bar tastes strongly of blueberry, the Nakd Lemon Drizzle Wholefood Bar tastes lemony, the Nakd Gingerbread Wholefood Bar has a slightly gingery and slightly nutty taste and the Nakd Banana Bread Breakfast Bar tastes of banana and oat. The taste of the Nakd Bakewell Tart Wholefood Bar bears a remarkable resemblance to the original despite not containing any of the principal ingredients (almonds and raspberries) of a traditional Bakewell tart. The Nakd Cashew Cookie Wholefood Bar did not taste to us like a nut cookie but had flavours of dates and perhaps apple with some nut.

The Nakd Cocoa Delight Wholefood Bar tastes of dates, raisins and dark chocolate while the Nakd Cocoa Orange Wholefood Bar tastes the same but with the addition of orange. The Nakd Cocoa Twist Breakfast Bar has a very similar taste to the Cocoa Delight.

The Organix Banana Soft Oaty Bar tastes of oats with some banana flavouring. The Organix Carrot Cake Soft Oaty Bar smells like gingerbread with a scent of cinnamon and orange flavour.