A small independent chocolate company has called out M&S, accusing the upmarket retailer of copying a popular chocolate product.

Somerset based business Choc On Choc has claimed that the design for its Giant Custard Cream product has been stolen by M&S, which earlier this year, released a similar ‘Outrageously Chocolatey Custard Cream Biscuity Egg’.

Choc On Choc first launched its £15 product in 2018, whereas M&S debuted its biscuit-shaped £13 product this January.

Choc On Choc co-founder Flo Broughton described the supermarket’s alleged actions as “frustrating” and “annoying”.

Broughton told ITV: “It’s another example of a big brand taking ideas from a small business. 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.”

M&S has insisted the allegations are not true, and that its own product has not copied any other product design.

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A spokesperson told the publication: “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.”

Broughton has since posted on Choc On Choc’s Instagram, suggesting the brand might now reformulate its product, adding: “So from M&S reviews we need to elevate our product to be better and as we are small we can do just that – keep your eyes peeled”.

Photo: Choc On Choc product versus M&S’s version. Credit, Choc On Choc X account.

However, it is not the first time the independent chocolaterie has accused M&S of stealing a chocolate product design.

In 2022, the high street retailer was accused of selling a replica of Choc On Choc’s ‘Perfect Match Chocolate Gift Box’, which featured Valentine-themed match-shaped chocolates.

Broughton claimed the retail giant “apologised” and agreed to stock her product instead, however added she was “not sure we’ll have the same resolution this time”.

M&S has found itself in the centre of a series of copy-cat lawsuit in recent years, including it reaching an agreement in 2022 with Aldi over its infamous Colin the Caterpillar cake dispute.

Last year the Court of Appeal also dismissed Aldi’s appeal over a previous ruling that proved the discounter copied an M&S light-up festive gin bottle design, which legal experts described as a “right decision”.

M&S has been contacted for comment.