Dis-Chem pulls Dermacare after L’Oréal complaint over ‘copied’ CeraVe look
Following a formal complaint lodged by L’Oréal in May 2024, the Advertising Regulatory Board (ARB) has ordered that Nutriwomen’s Dermacare range must be removed from retailers Dis-Chem and Clicks unless its packaging is changed by January 15, 2025.
L’Oréal, which owns the internationally renowned CeraVe brand, accused Nutriwomen of “substantially copying” its product design.
The French beauty giant claimed that Dermacare’s look – from the colour palette, font style to the general layout – created an impression of affiliation in the minds of consumers.
According to the complaint, CeraVe has built significant brand recognition worldwide and in South Africa through its distinct packaging and widespread marketing.
L’Oréal argued that Nutriwomen was attempting to ride on the brand’s established goodwill by mimicking CeraVe’s “get-up” – a term used to describe the visual appearance and branding of a product.
Nutriwomen hit back with a strong defence
The local brand denied that CeraVe’s packaging had built enough advertising goodwill in South Africa to warrant protection. They also pointed out that the packaging didn’t copy L’Oréal’s signature V-shaped block and argued that colours like white and blue are common in skincare branding.
They further insisted that:
* Their brand name is clearly visible on all products;
* *Dermacare* has developed its own loyal customer base;
* The skincare category is not driven by impulse buys, making consumer confusion unlikely;
* The existence of “dupes” is not in itself unlawful.
But the ARB was not convinced. It ruled that Nutriwomen’s use of similar packaging could mislead consumers and unfairly trade on CeraVe’s established reputation. It determined that the Dermacare products violate Clauses 8.1 and 9.1 of Section II of the ARB Code, which relate to misleading advertising and the exploitation of another brand’s goodwill.
Dis-Chem has since removed the range from its shelves.
IOL Lifestyle