Source: FoodStuff SA

Shoprite Checkers’ Forage & Feast line has emerged victorious as Pick n Pay steps back from legal battle.

A lengthy three-year trademark conflict between competing retailers Pick n Pay and Shoprite Checkers regarding private-label goods has reached a quiet conclusion. Just before the case was set to be heard by the Supreme Court of Appeal, Pick n Pay withdrew its appeal.

Shoprite had accused Pick n Pay of replicating Checkers’ Forage & Feast brand with its own Crafted Collection range, leading to a request for an interdict in July 2022.

In November 2023, the Western Cape High Court ruled in favour of Shoprite Checkers, determining that the design elements of the Crafted Collection — its colours, font, and overall packaging — were strikingly similar to those of the Forage & Feast line, potentially misleading consumers and damaging the Shoprite Checkers reputation.

The court ordered Pick n Pay to eliminate all printed materials and packaging associated with the Crafted Collection.

Though Pick n Pay appealed the decision, a hearing by the SCA scheduled for May 22, 2025, was called off when Pick n Pay ultimately accepted the previous court’s ruling.

In a statement to the Financial Mail, Pick n Pay explained that a review of its house brands, initiated by CEO Sean Summers upon his return to head the company, led to the decision to discontinue the Crafted Collection in 2023.

Pick n Pay previously indicated that the colour blue was “strongly associated with the Pick n Pay brand.” Its earlier premium range, known as Finest, featured gold lettering on a black background.

The company stated, “To align with the latest global premium packaging trends, we introduced blue, a choice made by many international retailers.” They emphasized that blue has been part of their branding “for decades,” including navy blue elements in logos, marketing materials, their delivery app, Smart Shopper cards, and shopping bags.

The 2023 ruling confirmed that the two product lines directly competed in the premium and luxury consumables segment. Even a brief comparison underscores the striking visual resemblances, which the court characterised as “remarkable” and likely to mislead consumers, potentially harming Shoprite Checkers.

Additionally, it was noted that Checkers had invested nearly R60-million in advertising the Forage & Feast line, which had gained substantial public visibility.

Shoprite has expressed satisfaction with the ruling, asserting its continued ties to consumer interests while safeguarding its intellectual property tied to the Forage & Feast brand.

Since its launch five years ago, Forage & Feast has established itself as a leader in the premium private-label market, emphasising high-quality ingredients and seasonal availability, with endorsement from Michelin chef Jan Hendrik van der Westhuizen.

A Shoprite spokesperson reiterated that the case has consistently focused on protecting customers from potential confusion caused by “similar-looking products of inferior quality”.

Private label sales at Checkers (excluding liquor) have reached 21.3% of total sales, showing a year-on-year increase of 0.4 percentage points. Within its private-label offerings, Checkers now boasts 35 brands that each generate over R100-million annually.

Impressively, 96% of Checkers’ customers purchase private-label brands, with 90.3% of those products sourced locally. Over the past financial year, Checkers launched 846 new private-label items.

In its 2024 report, Shoprite indicates that customers shopping at Forage & Feast spend an average of 3.5 times more per basket compared to the typical Checkers shopper.

Private-label products have consistently been a key focus in the industry, often yielding higher profit margins than branded alternatives. Pick n Pay first launched its No Name brand in 1976 to offer customers budget-friendly, straightforward options.

According to a statement from Pick n Pay, its private-label lines (including Pick n Pay and No Name) continue to show promising growth year on year, surpassing other in-store brands.

Whatsapp