Recently disclosed government documents show Mars wrote to the Department of Health (DOH) in 2012, expressing concern about plain packaging being introduced to other sectors including food and drink suppliers, insisting intellectual property rights and branding could be infringed, the effects on consumer recognition, the impact on consumers’ health and safety, and an increase in counterfeit products.
“As well as depriving brand owners of their intellectual property rights without compensation, in the food and non-alcoholic beverages industries the introduction of such legislation would lead not only to consumer confusion (as to both origin and quality), but also to a significant increase of counterfeit products and hence negatively impact on consumers’ health and safety,” Mars stated in the correspondence with the DOH.
The confectionery giant went on to add that it was vital careful analysis of empirical data in each particular sector should be carried out when determining if there is “a pressing need to protect the public’s health and that no other viable solution is available to address that need”.
The Institute of Economic Affairs warned earlier this year the government could be liable for up to £5bn in compensation claims, should plain packaging be introduced.
Following the revelation of Mars’ 2012 correspondence with the DOH, the company released a statement saying: “The 2012 response was not a comment on the specific policy, we were highlighting the need to ensure any legislation did not have unintended knock-on effects on brand equity and intellectual property within other categories. We will not be responding to the current consultation.”
A number of experts have also voiced their concerns about plain packaging.
Mike Ridgway, director of the Consumer Packaging Manufacturers Alliance, told Packaging News that when the plain packaging debate commenced, ‘unforeseen consequences’ was a phrase used by the packaging industry but largely discounted by sceptics.
“Westminster has alcohol marketing and labelling on its agenda for review while supermarkets are introducing confectionery free checkout lanes. What next? Could sweets have non-glitzy plain packs? Will fizzy drinks have health warnings?”
Additionally, Ray Smith, group creative director at design agency JDO, also warned that plain packaging could be introduced to other products. “Yes, it could happen, to what extent is unclear. Ultimately a level playing field from a packaging perspective will put more scrutiny on the product and the consumer left to remember the experience or discover their taste personally.”
