Arb Rules Bellisima Mayonnaise Packaging Mimics Hellmann's

The two mayo brands look similar in packaging. Source: ARB.

Infringing packaging

Unilever lodged the complaint, arguing that Bellisima’s packaging closely resembled Hellmann’s, with a blue lid, a two-toned label, and a ribbon design, creating a likelihood of confusion among consumers. The ARB found that Unilever’s packaging had acquired substantial advertising goodwill and that Epic Foods had exploited this by imitating key visual elements, particularly after Hellmann’s temporary exit from the South African market in early 2023.

Despite being given the opportunity, Epic Foods failed to respond to the complaint. The ARB ruled that Bellisima’s packaging contravened Clause 8 (Exploitation of Advertising Goodwill) and Clause 9 (Imitation) of the Code of Advertising Practice. It has instructed its members to cease accepting advertisements for the infringing packaging within one month.

Import costs

"Consumers have come to know the Complainant’s Hellman’s mayonnaise based on the look and feel of the packaging and, as such, a realrecognition of the product packaging has developed in the trade to the extent that consumers associate the get-up/trade dress with the Hellman’s product exclusively," said Unilever lawyers.

Unilever informed the Directorate that it had decided to discontinue the Hellmann’s product in South Africa in 2023, primarily due to high import costs. The withdrawal was set for 31 January 2023, but consumer dissatisfaction led to the product’s reintroduction in May/June 2023.

"It is the Complainant’s suspicion that, when the Advertiser became aware of the discontinuation of the Hellmann’s product in South Africa, it saw this as opportunity to misappropriate the well-established and familiar Hellmann’s get-up in relation to its Bellisima offering," read the ruling.

This ruling is not binding to non-members of the Directorate.