'Heavenly' chocolate? Disappointed confectioner takes on Tiger Brands

The ARB ruled that the chocolate was reasonably milk tart flavoured.

Strong words

The complaint came with strong words: “I am a professional confectioner, and this slab in NO WAY resembles the flavour it claims to be.” The consumer argued that Tiger Brands had an ethical obligation to ensure the product tasted exactly as advertised, which they felt was sorely lacking.

However, attorneys for Tiger Brands stood their ground, stating that the packaging clearly indicated the product contained “Smooth Milk Chocolate with a Milk Tart Flavoured Centre.” They explained that the flavour combination was meant to evoke the experience of a milk tart, but not overwhelm the chocolate taste entirely.

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Upon review, the ARB acknowledged that taste is highly subjective, and pointed out that chocolate flavourings like strawberry or banana rarely taste exactly like the fruits. In this case, the creamy texture and hints of cinnamon were deemed sufficient to meet reasonable consumer expectations. While the ARB admitted it would have loved to see a taste test panel's verdict, it accepted the evidence provided by Tiger Brands, including the fact that a reputable flavour house developed the filling.

Reasonable consumer

"The Directorate was of the opinion that the reasonable consumer would expect the flavour to be a creamy base with hints of cinnamon. On tasting some, all members of the Directorate were satisfied that the creamy taste was present, but not all were able to discern the cinnamon. One member of the Directorate was able to specifically pinpoint a “synthetic cinnamon taste”. It is accepted, however, that taste is highly subjective, and the Directorate turned to look at the evidence that the Advertiser tendered in this regard," said the ARB.

Ultimately, the ARB ruled that the packaging was not misleading, dismissing the complaint. So, while this Beacon bar might not make you feel like you're biting into a fresh slice of milk tart, it’s officially still a heavenly treat!