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Asda Facing Legal Wrangle With Waitrose Over New Value Range

Asda has confirmed details of its new value-oriented own-label range aimed at attracting shoppers facing rising living costs. However, the business could face a legal challenge from Waitrose due to the name of the range being similar to its pricier rival’s established budget brand.

As reported earlier this month, the new ‘Just Essentials by Asda’ range will comprise of 300 products, 50% more than the retailer’s existing Smart Price brand that it will eventually replace.

The new range will span all key food categories including fresh meat and fish, bakery, frozen, and cupboard staples. It will also include more than 20 household and toiletry products including washing-up liquid, toilet roll, laundry powder, shampoo, and conditioner.

Asda-just-essentials

Rolling out from May onwards, Asda will stock the full ‘Just Essentials’ range in all 581 of its supermarkets, as well as online. Smart Price products will continue to be sold until these are replaced by equivalent items from the new range.

Mohsin Issa, Asda’s co-owner, said: “We understand that customers are increasingly worried about the cost of living and want help to keep their grocery bills in check, whilst still being able to buy healthy and nutritious food for their families. Our new ‘Just Essentials’ range has been specifically designed with this in mind, combing our lowest prices with a much larger and more diverse range of great value products to meet all household needs.”

However, the launch of Asda’s new range may not go as smoothly as planned after it was revealed that Waitrose, which has used the word Essential on its budget brand for over a decade, has sent a legal letter to its rival over its use of the name Just Essentials.

“We were surprised to hear that Asda is launching an essentials range as the Essential Waitrose brand has been in use since 2009 and has built up a strong reputation for value, quality and higher welfare standards in that time,” said a spokesperson for Waitrose.

“As we’ve also protected the name as a trademark, we have raised this with Asda and are awaiting a response.”

An Asda spokesperson commented: “The word ‘essentials’ is a generic and commonly used term by retailers to describe their value product ranges.”

NAM Implications:
  • Some free publicity…
  • …but at what cost in terms of legal fees, distraction…
  • …but especially where consumers suspect ‘something is wrong?’