Marks and Spencer accused of copying Somerset company’s giant biscuit design

An independent chocolate company from Somerset has accused Marks and Spencer of copying one of their most popular products after it hit the shelves at the start of this year.

M&S sparked a wave of demand after releasing their £13 Outrageously Chocolatey Custard Cream Biscuity Egg in January.

But now the retailer has been accused of copying the designs of Choc On Choc’s £15 Giant Custard Cream, which has been sold since 2018.

Flo Broughton, who started the Rode-based business with her father Kerr in 2003, said it is “massively frustrating”.

“It’s another example of a big brand taking ideas from a small business,” Flo claimed. “It’s frustrating for us.

“They’ve said it’s an evolution from their previous products - to me, it’s not a development. They’ve made the same thing as us. It’s massively annoying because we’ve had this design since 2018.”

It is the second time Flo has accused M&S of copying one of her chocolate designs.

Back in 2022, Choc On Choc customers alerted her to the fact M&S was selling a special range of match-shaped chocolates to mark Valentine’s Day.

Flo argued they were a replica of her company’s Perfect Match Chocolate Gift Box, with M&S later agreeing to stock her product instead.

“Last time, they apologised and took a different stance,” Flo added. “But I’m not sure we’ll have the same resolution this time.”

Biscuity Egg creation is 'not a copy' - M&S

Marks and Spencer insists their Outrageously Chocolatey Custard Cream Biscuity Egg is an evolution of their own designs and not a copy of any other product.

In a statement, a spokesperson said: “Our Outrageously Chocolatey Custard Cream Biscuity Egg is not a copy of another product; it’s an evolution of our customer favourite Outrageously Chocolatey Custard Creams and takes inspiration from the much-loved British custard cream."