Nutella Class Action Settlement: Company to Compensate Consumers and Remove Misleading Health Claims
A class action suit filed in February 2011 alleged that the maker of Nutella, Ferrero U.S.A., misleads consumers into believing that Nutella is healthy using deceptive advertisements. See Hohenberg v. Ferrero U.S.A., No. 11-0205 (S.D. Cal. filed Feb. 1, 2011). Now, the parties have reached a $3 million settlement, which provides relief to members of California and nationwide subclasses. $2.5 million of the settlement is earmarked for division among claimants, with each claimant entitled to receive $4 per jar of Nutella purchased, up to five jars.
In Hohenberg, the plaintiff claimed that Ferrero conceals the fact that Nutella is nearly three-quarters saturated fat and that it contains none of the nutritional properties associated with the fruit and other healthy foods pictured in Nutella ads. In addition to providing monetary relief to customers, Ferrero will also be required to remove misleading health claims from its packaging, website, and advertising.