Dis-Chem The Board has spoken
We missed this story when it first broke over a year ago, but no matter, since it has only come to a conclusion this week. Last year in May, L’Oréal South Africa submitted a complaint to the Advertising Regulatory Board (ARB) regarding the similarity of Nutriwomen’s Dermacare packaging to L’Oréal’s CeraVe skincare range. The similarities cited included the font, colour, design and general layout of the product’s information on the pack, in other words, that good old ‘look and feel’. The ARB agreed at the time and gave Nutriwomen three months to redesign its packs, a decision Nutriwomen appealed in Oct 2024. The ARB stuck to its original verdict, giving Nutriwomen until January to make amends, and it advised ARB members not to advertise Dermacare products until the packs had changed. Fast forward to May this year, the ARB received photos showing that the packs hadn’t been given their makeover, and that Dis-Chem, exclusive stockist of the range and an ARB member, had continued to sell it in its Sandton and Mall of Africa stores after the Jan deadline. Dis-Chem has now pulled the products off its shelves and online platform, but Dermacare is still having it out with the ARB over its lapsed membership to the board (which, it says, means it doesn’t have to comply), although at the time of the first decision it was still a member and therefore bound by it. Dis-Chem, however, was and remains an ARB member and, as such, is forced to comply with the board’s directive to remove the products from its shelves.
Comment: Sjoe, it ended up getting a little messy, didn’t it? And with all the copycat products out there, the ARB is unlikely to be able to put its feet up on these matters any time soon.