Launched last year as part of its wider ‘Brain Food’ range, the retailer is facing allegations of “ripping off” smaller businesses with its ‘Brain Balls’ product, after Instagram nutritionist and health coach Dorota Cloke pointed out striking similarities to her own ‘Brain Bomb’ products.
The M&S product first went on sale in January last year and sold over 115,000 units in its first month.
Crafted primarily out of date paste, the snack was created to be rich in iron and zinc which can help support brain health throughout the day.
Sold in 40g individual packs and priced at £1.50 per unit, M&S’ brain balls out-sold bottled water for the firm across 2025.
As a result of its runaway success, Cloke has now filed legal proceedings against the grocery giant, with the case centred around her trademark of ‘Brain Bombs’, which she obtained in November 2022.
First launched in 2020, Cloke’s product is made using hemp or sesame seeds and lion’s mane mushrooms.
A court hearing on the matter is expected to take place within weeks.
In statement given to The Telegraph, an M&S spokesperson said: “We do not agree there is any likelihood of confusion between the two products, given that Brain Ball is clearly branded M&S Food, carries our Eat Well sub-brand and the words Brain Ball.
“The Brain Ball was developed by our in-house team as part of our Brain Food range and is not a copy of the Brain Bomb.”
Whether Cloke has any real case to argue will be decided in due course, but the Brain Ball’s considerable success across 2025 is testament to M&S’ strong focus on innovation – which notably produced one of the quirkiest UK food moments of the year with the launch of its ‘Strawberries and Crème’ sandwich.
