Pick n Pay sings the private-label blues

A three-year trademark dispute between retail rivals Pick n Pay and Shoprite Checkers over private-label products has been quietly resolved. Pick n Pay withdrew its appeal just before the case was due to be heard by the Supreme Court of Appeal (SCA).

Shoprite had accused its rival of imitating Checkers’s Forage & Feast line with its Crafted Collection range and applied for an interdict in July 2022.

In November 2023, the Western Cape High Court ruled in favour of Shoprite Checkers. It found that the Crafted Collection’s design — its colour, typeface and overall packaging — was strikingly similar to the Forage & Feast line, creating a likelihood of consumer confusion and potential reputational harm to Shoprite Checkers. It ordered Pick n Pay to destroy all Crafted Collection printed materials and product packaging.

Pick n Pay appealed, with the SCA hearing scheduled for May 22. Shortly before it was due to be heard, Pick n Pay accepted the ruling of the Western Cape High Court.

In a statement to the FM, Pick n Pay says it decided in 2023 to stop the Crafted Collection range after a review of its house brands, initiated by CEO Sean Summers upon his return.

Pick n Pay previously told the FM that the colour blue is “strongly associated with the Pick n Pay brand”. Its earlier premium line, Finest, used gold print on a black background. “In keeping with the latest global premium packaging trends, we introduced blue as many international retailers have done,” the company said. It added that it had used blue “for decades”, including navy blue in its logos, advertising material, delivery app, Smart Shopper cards and shopping bags.

The 2023 ruling found that the two product lines were in direct competition in the same premium and luxury consumable market. Even a cursory comparison reveals striking visual similarities, which the court ruling described as “remarkable” and likely to confuse or deceive the public, to the potential detriment of Shoprite Checkers.

The ruling also noted that Checkers spent nearly R60m on advertising Forage & Feast and the range received significant public exposure.

Shoprite says it is pleased with the outcome and that the high court ruling remains in place. It says the ruling protects consumer interests and upholds the intellectual property of the company as the originator of the Forage & Feast brand.

Launched five years ago, Forage & Feast has grown into a leading premium private-label brand, focused on high-quality ingredients and seasonal availability. It is endorsed by Michelin chef Jan Hendrik van der Westhuizen.

A Shoprite spokesperson says the case has always been about safeguarding its customers from potential confusion caused by “similar-looking products of inferior quality”.

The 2023 court ruling notes that Forage & Feast sales exceeded R180m, with the brand spanning more than 34 product categories. According to Shoprite’s 2024 integrated report, the range achieved 16.4% sales growth.

At Checkers, private-label sales (excluding liquor) grew to 21.3% of total sales — an increase of 0.4 percentage points year on year. Within the private-label range, 35 brands now each generate more than R100m in annual sales. Notably, 96% of Checkers customers buy private-label brands, of which 90.3% are sourced locally. In its most recent financial year, the retailer introduced 846 new private-label items.

In its 2024 report, Shoprite says Forage & Feast customers spend 3½ times more per shopping basket than the average Checkers shopper.

Private-label products — retailer-owned brands — have long been a strategic focus in the industry, offering higher margins than branded products.

Pick n Pay introduced its No Name brand in 1976 to provide customers with affordable, no-frills options. A statement from Pick n Pay says its private-label ranges (Pick n Pay and No Name) continue to deliver encouraging year-on-year growth, outperforming other brands in-store.

According to NielsenIQ’s 2025 report on private-label and branded products, private-label sales in South Africa reached nearly R100bn last year — an increase of 7.5% year on year. This represents about 18.5% of total fast-moving consumer goods sales for the year.