SABS awarded over R400 000 in damages

The Gauteng High Court has awarded damages of R458 742 in favour of the South African Bureau of Standards (SABS) in a matter involving the unlawful use of its trademark by a supplier of sanitisers and disinfectants.

The judgment, which was handed down on October 21, also saw the issuing of an instruction to the supplier to stop using the ‘SABS Approved’ trademark and to remove it from all its packaging and products.

“Products that falsely claim to be SABS Approved can cause a myriad of problems for consumers in South Africa, with the most concerning impact being the health and safety of consumers,” says Jodi Scholtz, lead administrator at SABS.

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Scholtz adds that the SABS is happy with the judgment, describing it as a win for consumers.

“As soon as the SABS became aware of the problem early in 2020, our certification division and legal team contacted the supplier in an attempt to stop the unlawful use of the SABS Approved trademark.

“However, these appeals fell on deaf ears and the supplier persisted with the blatant and unlawful use of the SABS Approved mark,” she says.

The SABS had no other choice but to pursue legal action as the supplier continued to advertise and sell their products, claiming to be ‘SABS Approved’.”

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According to Scholtz, the SABS has experienced many infringements of its trademark in the past and most companies comply with the ‘cease and desist’ instructions.

“However, this judgment creates precedent and will strengthen the legal prospects for the SABS when companies fail to comply with the cease-and-desist instruction.”

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The SABS says it will continue to play its part in ensuring that all products that bear the SABS Approved trademark are legitimate and comply with the applicable national standard.

Consumers are advised that Vex Hygiene products and sanitisers are not SABS Approved.

Palesa Mofokeng is a Moneyweb intern.