Nutella Class Action: What Happened?

Athena Hohenberg, a San Diego mother, filed a class action lawsuit against Ferrero USA, the makers of Nutella, in February 2011. The plaintiff claimed that Ferrero was deceptively advertizing Nutella as a “nutritious” and “healthy breakfast,” even though it contains dangerous levels of saturated fat and processed sugars and it is “the next best thing to a candy bar.” Nutella contains about 70% saturated fat and processed sugar by weight.

The lawsuit charged Ferrero with unfair competition, false advertising, violation of the Consumer Legal Remedies Act, breach of express warranty and breach of implied warranty of merchantability. The class action was brought before the US District Court in San Diego, California. Attorney for the plaintiffs was Ronald A. Marron.

In April 2012, a settlement of the class action suit was announced. The Nutella settlement was for two groups of consumers: those who bought Nutella in California from August 1, 2009 through January 23, 2012 (the California Settlement), and those who purchased Nutella in any other state between January 1, 2008 and February 3, 2012 (the Nationwide Settlement).

Both groups of class members could file a claim to receive up to $4 per jar of Nutella they purchased during the relevant time period. Class members who purchased multiple jars could submit a claim for up to a maximum of $20 per household. No proof of purchase was needed to receive settlement benefits. A claim form to receive a cash refund had to be filed online at NutellaClassActionSettlement.com prior to July 5, 2012.

Ferrero provided $3.05 million for the possible claims. Ferrero also agreed under the settlement to modify labeling of Nutella as well as certain marketing statements, create new TV ads, and modify the Nutella website.