By SABI PHAGURA
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- Lawyers sent letter to owners of Aberdeenshire chippie, asking them to amend their menu
- Company complains that the deep-fried Mars bar is 'not in line' with its 'marketing code'
For two decades, it has been a firm favourite of tourists and peckish schoolboys. But it seems the deep-fried Mars Bar is not so popular with the firm behind its key ingredient.
Confectionery giant Mars has written to the Scottish chip shop which created the calorific snack asking them to make clear on their menu that is not 'authorised or endorsed' by the company – because it does not meet its 'healthy' image.
The letter says Mars is 'flattered' that the Carron Fish Bar in Stonehaven has chosen to feature its chocolate bar, but adds: 'As you may know, we have recently reduced the saturated fat level in our Mars Bar recipe. Deep frying our Mars Bar product, of course, counters this significantly.'
Battered: Carrion Fish Bar, which claims to be the birthplace of the deep-fried Mars bar, has been asked to amend its menu by the chocolate's manufacturer
The letter, from the company's lawyers, adds that the dish is 'not in line' with their marketing code of promoting a 'healthy active lifestyle'.
Lorraine Watson, who runs the fish and chip shop with her husband Charlie, said: 'I was amazed when I got the lawyer's letter because I really feel they are giving me a slap on the wrist when I haven't tried to offend them.'
Mrs Watson, whose shop proclaims it is the 'birthplace of the world famous deep-fried Mars Bar', added: 'We have been selling this deep-fried Mars product for 20 years and this is the first time we have heard from Mars.
Image problem: Mars Chocolate told the chip shop that the deep-fried Mars bar was not in line with its 'marketing code', which promotes a 'healthy active lifestyle'
'But we are quite happy to put a disclaimer on the main menu for the shop because I don't want any reason for them to come back and try some sort of court action against me,' she said.
'I didn't know they had reduced the saturated fat content. But, of course, the deep-fried Mars Bar isn't healthy. We have never said it was.
A MESSAGE FROM MARS
Evie Kyriakides, Mars's senior regional trademark counsel for Europe, states in her letter to Mrs Watson:
'We are flattered that you obviously like our Mars product so much and consider it a flagship for your Carron Fish Bar.
'However, we are concerned that the use and reference to our Mars brand and products may mislead the public into thinking that your products are in some way associated with, or endorsed by Mars, when this is not in fact the case.
'We are also concerned that your products are not in line with our marketing code, through which we promote a healthy active lifestyle to consumers and treats in moderation
'As you may know, we have recently reduced the saturated fat level in our Mars bar recipe. Deep frying our Mars bar product, of course, counters this significantly.
'To avoid any consumer confusion in this respect, we would be grateful if you would insert a small disclaimer at the bottom of any menus you may have and a sign on display at your shop stating as follows: "Mars is a registered trade mark of Mars Incorporated. Our use of Mars is not authorised or endorsed by Mars Incorporated".
'As you will appreciate, Mars reserves all its rights in the event we become aware of increasing instances of confusion or dilution.
'I look forward to hearing from you as soon as possible. In the meantime I hope that the Carron Fish Bar continues to be a success.'
'I am proud of the product - it does my business very well and it must be doing their business very well.'
The deep-fried Mars Bar was created when a schoolboy asked to have his favourite snack smothered in batter and plunged into the fryer at the chippy. Mrs Watson said they now sell between 100 and 150 every week.
Newspapers had reported that she was toying with the idea of applying for secured status for their famous invention under the European Union's Protected Food Name Scheme, in line with other specialities such as the Arbroath Smokie and Cornish pasties.
She said: 'When I looked in to applying for special status and looked at all the paperwork I realised it would never be a viable thing for us to do.
'It would involve a lot of communication with Mars themselves and that just wasn't going to happen.'
She added: 'Have I really offended them that much? I think it's sad that it's come to this.
She said that the shop, which first encased the chocolate bar in batter in 1992, was still serving between 100 and 150 deep fried Mars bars every week - with visitors to the town accounting for about 70 per cent of sales.
She said: 'We get visitors from all over the world, from as far afield as Japan and America, coming to the shop and ordering our bar.
'I saw an Italian book on Scotland the other day and we were right next to Dunnottar Castle.'
A Mars spokeswoman said: 'We are really flattered that customers of Carron Fish Bar like our product so much that it has now become a flagship product for the store.
'No application for a protected geographical indication has been filed to date.
'Should an application be filed, unfortunately, we wouldn't be able to support it as deep-frying one of our products would go against our commitment to promoting healthy, active lifestyles.'
"Health is devolved in Scotland, so this comment is not only ignorant, it's inaccurate. davee , Zrich, 06/9/2012 03:52" - the health service might be devolved but the overall funding from which it is draw is not (unfortunately), so I think it's you who is being gnorant and inaccurate.
- Graham , Hong Kong, Hong Kong, 06/9/2012 06:22
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