An alleged ‘copycat’ own-brand chocolate bar from Lidl that has drawn criticism from Tony’s Chocolonely’s flagship confectionery series over design similarity, has been quietly withdrawn from British shelves, reports Neill Barston.

Notably, the German-founded supermarket first released its ethically positioned Way To Go series back in 2020, with a direct link to Fairtrade that had asserted its sustainability credentials.

However, its own-label brand has been under fire from Dutch created impact brand Tony’s Chocolonely, which was originally forged over two decades ago on its mission to ‘deliver a slave free chocolate supply chain’ – having  taken issue with the major retailer’s rival bar developed with a strikingly similar design concept of unequal pieces.

This has been a crucial founding element of the Netherlands business, which long asserted that its unusual design represented the inequality that exists within the wider production chains of the industry.

The company reportedly did not seek legal redress from Lidl over the incident, and instead urged the supermarket to adopt its five founding principles of sourcing, based upon ethical trading. It is unclear if that move has been adopted, but the Way to Go chocolate series was at the time of writing still accessible on the company’s Belgium website, discussed as a key initiative of the company.

Bars dropped from stores
Notably, the Way To Go Chocolate series appears to have been quietly dropped during this year, which was confirmed by a spokesperson from Fairtrade, who stated that it was unable to comment further on the case.

The issue is not the first incident for either company – with Lidl being forced to destroy its own-brand ‘Golden bunnies’ that were legally judged to have copied Lint & Sprungli designs in 2022.

Meanwhile, Tony’s Chocolonely found itself being forced to change packaging in German markets, after a court ruling that its designs of certain products were too close to those of Milka chocolate bars – though there was no issue over the physical design of the product.

As for the latest saga with Way To Go Chocolate, it has continued to attract notable attention in recent years, including fresh analysis from branding specialist Will Poskett.

In a social media post on the topic, he asserted that Lidl’s move in developing a bar that bore significant similarities to Tony’s Chocolonely’s flagship offering did not represent a strong commercial move. 

Speaking to our title, he said: “Lidl has borrowed one of Tony’s Chocolonely’s most distinctive brand assets, but without the meaning that made it distinctive in the first place. Tony’s uneven chocolate pieces aren’t simply a design choice; they represent inequality within the cocoa supply chain and connect directly to the brand’s mission. That’s incredibly difficult to copy authentically.

“There’s also a strategic risk for Lidl: when you imitate such a recognisable challenger brand, you can end up advertising the brand you’re copying rather than building your own. Lidl has a brilliant history of cheekily taking on established brands, but this feels different. Imitation might be the sincerest form of flattery, but it’s rarely a great brand strategy.”

Confectionery Production has approached Lidl for comment on the case, but at the time of publication, it has not responded.

However, the brand remains searchable on its UK website, and similarly on its Belgian stores site as well, though it does not appear currently available for sale among its own label products. Despite this, the Way to Go brand has extended out into other areas, including most recently within the tea market, with the company stating it had plans to expand in Europe with other key ingredients in its supply chains.

In a statement on its website, Lidl noted: “From mid-2026, we will pay the Fairtrade’s living income cocoa programme across our entire permanently listed private label chocolate bar range in five countries. The rollout began in Germany, the Netherlands, Belgium, Luxembourg and Austria. Our commitment is set for a minimum of five years, regardless of market fluctuations.

“With the Living Income Programme, we are going beyond our existing Fairtrade standards and setting new benchmarks. Instead, we want to make a significant contribution to closing the income gap for cocoa farmers in participating cooperatives in Ghana and Côte d’Ivoire – in a measurable and long-term way. As one of the major purchasers of Fairtrade cocoa in the food retail sector, Lidl uses this scale of volume to support measurable adjustments in upstream supply chains.”

Tony’s Chocolonely has also been approached by Confectionery Production for further comment on the case.

• Brand specialist Will Poskett’s newsletter can be seen at  defiantagency.substack.com