Tohato's New Snack "Pakkle" Sparks Controversy for Resembling Meiji's "Caramel Corn"
On February 3, 2025, Japanese confectionery maker Tohato launched its new snack product, "Pakkle," which has quickly stirred discussions on social media about its resemblance to the well-known "Caramel Corn" by Meiji. With Tohato touting the release as innovative, many consumers are asking whether this new crunchy snack treads too closely to infringing on Meiji’s established brand.
According to Tohato, "Pakkle" is marketed as having a "round shape that's easy to eat and provides satisfaction as a corn snack." It is available in two enticing flavors: mellow cheese and rich curry. Initial sales began primarily across the Kanto region, with plans for broader distribution to follow. Public interest surged when voices on the internet pointed out the similarities between the shape and packaging of "Pakkle" and Meiji's iconic "Caramel Corn."
"Caramel Corn" holds significant historical import, having first hit the Japanese market back in 1968, at a time when the concept of snack foods was virtually non-existent. Over the years, its image character, "Caramel Corn Ojisan," helped establish it as part of Japan's snack culture. Despite its popularity, since 2017, variations of "Caramel Corn" have only been available within western Japan, with options limited to cheese and light flavors.
The debate over whether "Pakkle" resembles "Caramel Corn" focuses heavily on design elements. The color similarities of the packaging and the verbal expressions used – like the sound denotation when snacking – ("Saku!" for "Caramel Corn" and "Sakutsu" for "Pakkle") bolster arguments for significant overlap. The editorial team at Bengo4 conducted peer tastings of both snacks, reporting the flavor profiles of the mellow cheese from "Pakkle" to be slightly stronger. Yet, the taste tests proved challenging, with participants frequently unable to distinguish between the two items when blindfolded.
This raises important legal questions about product design. Intellectual property attorney Rio Saito commented, "The biggest issue is probably the packaging design. The packaging of "Pakkle" is remarkably similar to "Caramel Corn." He indicated the potential for consumers to confuse the origin of the products due to such similarities, citing the Unfair Competition Prevention Act, which protects against acts leading to confusion about the place of origin or business.
Saito elaborated on the act, explaining how Tohato could tread on tricky legal ground by potentially causing confusion among consumers about whether "Pakkle" is officially licensed or should be viewed as the successor product to "Caramel Corn." While the packaging draws parallels, Saito expressed confidence, noting, "The shape and the package of the confectionery are very similar, which could lead to confusion among consumers, but I don't believe it necessarily infringes on Meiji's intellectual property rights.”
Despite these concerns, protective legal measures related to design require registration, and Caramel Corn’s design rights are likely not valid, as they were not registered and have possibly expired. Saito cited historical aspects, emphasizing how snack food design rarely falls under complex protections, potentially nullifying Meiji’s claim to ownership over the shape itself.
The conversation around "Pakkle" exemplifies the fine line between inspiration and imitation, with Saito indicating, "Pakkle is attacking the borderline of what constitutes infringement, and personally, I don’t think they are crossing it.” This nuanced perspective provides insight not only for snacks but for future developments within Japan's confectionery market, where similar cases may define the interplay between innovation and established brands.
To wrap up, it remains to be seen how consumers will respond to "Pakkle" as it rolls out nationally. The growing discussions around product similarities and legal boundaries extend well beyond snack choices, hinting at broader industry trends exploring competitive practices and brand identity without falling prey to legal ramifications.