Barnsley Magistrates Court heard how Nathan Bennett of Leeds Road, Huddersfield had been selling the fake products from his shop Kandy Fix in the Alhambra Shopping Centre, Barnsley.
In August 2021, a Trading Standards Officer visited the premises following a complaint from a member of the public and got a sample of what appeared to be a counterfeit Wonka Bar.
It was discovered that the confection was actually cheap supermarket chocolate that Bennett had rewrapped at his home using labels that had been printed for him prior to their sale at his shop.
The information on these labels related to a product that had not been sold for at least five years and did not highlight some allergens as regulations require.
It also completely omitted the inclusion of hazelnut as an ingredient – analysis showed that one or two squares of the chocolate bar contained enough hazelnut to trigger a serious allergic reaction such as swelling of the airway.
Bennett claimed to have only sold the Wonka Bars for two weeks and that he did not know that what he was doing was an offence. However, the evidence presented by Barnsley Council demonstrated that he had been selling Wonka Bars since at least 2019 at another kiosk in Huddersfield.
He had also been given advice on food allergen labelling on at least six occasions by North East Lincolnshire and Doncaster councils. Bennett had also been prosecuted previously for selling Wonka Bars in similar circumstances in North East Lincolnshire in 2016.