TC09095 - [2024] UKFTT 00181 (TC)

The Packaging [122] – [126]

“122.

The Bars are sold both singly and in boxes of six. The wrapper for each individual Banana bar is yellow, and that for each Carrot Cake bar is orange; the same colours predominate on the related boxes. The wrappers and the boxes have the word Organix in large letters, and in smaller letters, the name of the product: ‘Banana Soft Oaty Bar(s)’ and ‘Carrot Cake Soft Oaty Bar(s)’, so emphasising that the main ingredient by weight is oats. The Banana bar has three slices of banana on the front of the packaging for the single bar; the box has two slices of banana and two bananas, as well as a picture of the bar. The Carrot Cake bar and box are similar, but with pictures of carrots and raisins instead of bananas.

123.

The front of the Carrot Cake box has the words ‘perfect for lunch boxes’ in clear white writing against an orange background in the top left hand corner; the box for the Banana bars has instead the words ‘the UK’s No 1 toddler oaty bar’ in the same position in black against a yellow background. In the opposite corner are the words ‘12+ months – on the go’ again in clear white writing against a green background. The words ‘12+ months’ are repeated on the individual wrappers. The boxes for both bars have the following words in white on a brown background on the bottom of one of the side panels, and the same words are on the back of the wrappers, above the ingredients:

‘SAFETY ADVICE: for little ones 12 months+. Please ensure they are sitting down and supervised when enjoying this food.’

124.

On the basis of Mr Howard’s evidence-in-chief, I find that this was a standard sentence on all Organix’s food, because it is always safer if small children are sitting down when eating.

125.

Both boxes have the words ‘I’m organic – No Junk Promise – Nothing artificial’ on the front. The side of the Banana bar box says (emphasis in original) ‘We’re here to create deliciously tasty, utterly organic foods that little ones love’; in the same place the Carrot Cake bar box similarly says ‘We’re here to create deliciously tasty, utterly organic feel-good food to fuel your little ones’ wonder’.

126.

The colour contrast between the white writing and the backgrounds of the boxes means that the words which stand out are, in order: ‘Organic ; ‘12+ months – on the go’; ‘No junk promise’; and, in the case of the Carrot Cake bars, the words ‘Perfect for lunch boxes’.”