Businessman bites back after £10k fake Wonka bars scandal

A Welshpool businessman has been told to pay over £10,000 for selling fake ‘Wonka’ chocolate bars in his sweet shops after admitting the offences, but has insisted that there was no risk to public health and that most charges were down to naïve marketing.

Alan Price owns the successful Mollie’s franchise which has shops in Welshpool, Newtown, Oswestry, Shrewsbury, Ludlow, Telford and Chester, and pleaded guilty to 10 charges under the Trade Marks Act 1994 and the Food Information (Wales) Regulations 2014 in a prosecution led by the Powys County Council’s Trading Standards Service.

On Wednesday, Llandrindod Wells Magistrates Court heard that the Wonka logo is a registered trademark and it is an offence to apply it to any product without being licensed by the Trade Mark holder.

And while Mr Price, who also owns the new Owl and the Pussycat pub in town, told MyWelshpool “I have held my hands up and admitted in court that they were fake Wonka bars and subsequently have a large fine to pay”, he was keen to clarify his side of the saga.

“The bars were described as “dangerous and a safety risk”, but as you can see from the photo (right), the back of the Wonka bar does have the ingredients and allergens listed, the error was that it was not in bold print,” he explained.

“They have also stated that there was a framed picture advertising Wonka bars for sale, but this was not the case at all, it was a photo of Gene Wilder (the original Willy Wonka) his autograph and yes it did have a Wonka bar in the frame too, but within this frame it did not state Wonka bars for sale, it was purely a piece of memorabilia (that has now been destroyed) and fitted well within the setting of a sweet shop.”

Mr Price also pointed out that the 10 charges against him related largely to misdirected marketing by highlighting that one included the fact that “we had a stand that had the word ‘Wonka’ on it, therefore it was removed and also destroyed”.

Mr Price was fined £7,200 for the offences and ordered to pay £3,000 costs and a £190 victim surcharge.

The local Trading Standards Department said chocolate bars that had the name ‘Wonka’ “did not have the allergen information in the correct format”, which they said posed an imminent safety risk to people who have allergies to milk and soya.

They said an officer had offered advice and guidance to the business on numerous occasions and explained that Mollie’s had been “given many chances to comply with the law”.

The officer subsequently learned that the same product was found for sale outside of Wales, despite assurances from the business that all Wonka bars had been removed from sale in all Mollie’s shops.

Cllr Richard Church, Cabinet Member for a Safer Powys and a Welshpool County Councillor, said: “This case demonstrates the value of the work that Trading Standards does. It is their aim to protect members of the public who suffer from allergies, at the same time Trading Standards are protecting brand holders to ensure a wider resilient and healthy economy.

“Despite attempts by Trading Standards to provide advice and guidance to the business owner, this was ignored, which is why this case was brought to court.”