Scottish Daily Mail

Supermarke­t copycat con

Fifth of shoppers say they pick up lookalike own-brands by mistake

- By Sean Poulter Consumer Affairs Editor

SHOPPERS are being fooled by supermarke­t copycat products of popular brands of everything from breakfast cereal to shampoo.

A study has found that 20 per cent of shoppers will mistakenly pick up a copy when it is on the same shelf as the branded product.

This rises to 64 per cent when only the copy is on the shelf, according to research funded by the British Brands Group (BBG).

Food manufactur­ers spend millions creating memorable packaging and advertisin­g to promote their products, but say they are losing sales to supermarke­ts who produce lookalike versions using the same colours and label style.

The study carried out by Acuity Intelligen­ce and led by Dr Tim Holmes used eye-tracking techniques to follow the behaviour of participan­ts. They assessed the time taken to find products, the accuracy of decision-making and participan­ts’ recall of the products they had seen.

Dr Holmes, a neuroscien­tist, looked at genuine brands such as Head & Shoulders, Herbal Essences, Rich Tea and

‘Encouragin­g false assumption­s’

Digestive biscuits from McVitie’s; Coco Pops and Special K from Kellogg’s; Stork and Lurpak versus copycat products from high street stores.

The copycat versions were sold by Boots, Tesco and Aldi, but all supermarke­ts use the same tactics.

The study identified the fact that most shoppers are effectivel­y on autopilot. Problems arise when the visual similarity of a pack is sufficient for the copy to be recognised as the brand.

The study found that when people are looking at a shelf, colour is the primary feature they use to identify products. It concluded that picking up a copy rather than the genuine product was an ‘inevitable consequenc­e of package similarity on unconsciou­s shopper decisions in store’.

The research was sparked by a report by Which? in 2013 that identified 150 products with similar packaging. Current examples identified by the BBG include several sold by Aldi, such as its Harvest Morn Frosted Flakes and Crisp Rice, which look very similar to Kellogg’s Frosties and Rice Krispies.

Aldi’s Snackrite Stackers are a dead ringer for Pringles and its Oaties look similar to Hobnobs. BBG director John Noble said: ‘In the cold light of day, it is easy to spot a copy but that is not how we shop.

‘In the supermarke­t, there are thousands of products and these are everyday purchases. We devote seconds to each and rely on shortcuts to make our choices.

‘Products in similar packaging prey on this, prompting mistakes and encouragin­g false assumption­s.

‘Similar packaging that misleads shoppers is unlawful but goes unchalleng­ed in the UK.’

In theory, individual brands could bring legal action under the law around intellectu­al property rights, but this is a grey area.

The Consumer Protection Regulation­s could also be used, but Trading Standards and the Competitio­n and Markets Authority, have refused to take any action.

Brands have asked for a law change to allow them to bring civil action under these regulation­s, but this was rejected.

The British Retail Consortium, which speaks for the chains, said: ‘In a review in 2015, the Government concluded “there is little clear evidence that the use of similar packaging is causing any significan­t consumer detriment or hindering competitio­n or innovation”.

‘Consumers benefit from healthy competitio­n between retailer and manufactur­er brands.’

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