TC09095 - [2024] UKFTT 00181 (TC)

Packaging [192] – [194]

“Packaging

192.

The findings in this part of the decision are based on the evidence provided for the Fruit & Nut bars and the Oaties. I can make no findings about the packaging for the Crunch bars, as no samples were provided; neither were there any pictures of the boxes or wrapping. There was also no sample evidence for three of the Oaties (Berry Cheeky, Cocoa Loco and Apple Pie) and the only evidence for Rhubarb and Custard was the picture of the front of the box. However, packaging for other Oaties and Fruit & Nut bars was supplied, and I have assumed that the findings below about the Fruit & Nut and the Oaties apply to all the products of that type which are under appeal.

193.

The Fruit and Nut and Oaties are sold both singly and in boxes of four. The main part of the front of each bar has the name ‘Nakd’ in large letters, followed by the product’s name. To the left, in slightly smaller letters, are the words ‘gluten, wheat and dairy FREE’. The Fruit & Nut bars also contain the words ‘raw fruit and nut bar’; the Oaties have instead ‘raw fruit, oat and nut bar’. On all bars this is followed by the words ‘simply yummy’. The back of the bars includes the messages ‘guilt-free and delicious’, ‘no added sugar or syrup’, ‘nature is nice’, and, depending on the percentage of dried fruits, also the words ‘1 of your 5 a day’, or ‘100% yummy’. The background colour varies with the product: for example Cocoa Delight is brown; Cocoa Orange is brown and orange; Blueberry Muffin is royal blue and Lemon Drizzle in bright yellow.

194.

For each bar, the colours of the boxes are the same as the wrappers, and the format is similar, with the same messages, together with the words ‘100% natural ingredients’. The Banana Bread box has the words ‘breakfast bars’ on the front, together with the message ‘make your morning marvellous’. The back of all boxes has three pictures: a steaming cup, and the words ‘with a cuppa’; a car or bicycle, with the words ‘on the go’ and a shoulder bag with the words ‘just in case’.”