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‘Dear M&S’… Remember you hit the roof when Aldi copied your Colin the Caterpillar cake?’: Business owner hits out after chain launches product range with same name as hers

The owner of Re:treat Apothecary based in Aberdeenshire has written an open letter to M&S
The owner of Re:treat Apothecary based in Aberdeenshire has written an open letter to M&S

A north-east businesswoman has written to M&S after discovering its new product range shares a name with her small brand.

Kathryn McIntosh handmakes organic, vegan, eco-conscious and natural cosmetics from her kitchen under the name Re:treat Apothecary.

She launched her first product in June 2020 after researching to ensure no other businesses had the same name.

M&S first launched its Apothecary range in 2018 but has released a Retreat collection as an exclusive for Christmas 2021.

Likening the situation to M&S’s recent row with Aldi over their beloved Colin the Caterpillar cake, she said in her open letter it was “not cool”.

“When we felt happy that we were unique, we went ahead,” she wrote.

“I’m so sorry it seems that M&S haven’t done the same due diligence, checking that ‘Retreat Apothecary’ wasn’t already in use by another business.

“Maybe one of your employees did search online and found ‘Re:treat Apothecary’ but decided to go ahead anyway? Hmmm… I know we’re small, but we matter.”

‘A real threat to Re:treat Apothecary’

 

Ms McIntosh shared her letter via social media on Monday and says the response has been “wonderful” so far.

She is asking M&S to grant a “Christmas miracle” by changing the name of its range, raising fears the nationwide store will always feature higher in online searches than her one-person business.

She wrote: “While you are still selling this, it will become impossible for our customers to find us online. With no customers, we have no business. This is a real threat to Re:treat Apothecary.”

One of the Re:treat Apothecary products which Kathryn McIntosh handmakes from her Aberdeenshire kitchen. Supplied by Re:treat Apothecary.

‘Community over competition’

In her letter, Ms McIntosh writes that she has known about the Apothecary range by M&S for a while, but the ingredients in its products suggested they were manufacturing “something very different”.

She goes on to compare her situation with the M&S and Aldi caterpillar cake dispute which occurred earlier this year.

“However now you are selling something using our name. What’s up with that M&S? Remember you hit the roof when Aldi copied your Colin the Caterpillar? You even took them to court. It’s not cool is it?”

“Don’t worry, Re:treat Apothecary has no plans to take you to court. Even if I had the money (I definitely don’t), that’s not our style. We believe in community over competition and making the world a more beautiful place.

“We would love you to join us and make our world a little bit more beautiful.”

In response, an M&S spokeswoman said: “Our popular Apothecary brand launched in 2018 and includes a range of home fragrance products (for example scented candles and diffusers) in different scents including Calm, Balance and just for Christmas 2021 – Retreat.

“This limited-edition offer was created independently of other retailers and is a unique product range.”