Nutella Lawsuit: Company to Pay Up Over Misleading Advertising
It looks like the Nutella lawsuit will finally be paying off for some customers. Ferrero, the company that makes the chocolate-hazelnut spread, has settled the misleading ad lawsuit for $3 million.
As part of the agreement, any customers who bought Nutella between January 1, 2008 and February 3, 2012 will be able to request a refund for up to five jars. For California customers, the purchase window is between August 1, 2009 and January 23, 2012.
But the fun doesn't end there. Ferrero will also have to make some changes to its iconic packaging.
Nutella labels will no longer say the product is "An example of a tasty yet balanced breakfast." The line has been on the jar's back panel for years.
The class action lawsuit was filed by two San Diego mothers. They claimed Nutella deceived customers into thinking the product was healthy. They cited Nutella's website and commercials as examples of the company's false advertising.
The ads depict a mother giving her children toast and fruit covered in Nutella.
Typically, many class action lawsuits result in more than payouts. Parties often agree to limit or change their practices. Ferrero's case is no different.
While it's hard to imagine that anyone could be duped into thinking dumping chocolate on bread is healthy, Ferrero has agreed to remove the offending ads.
As part of the Nutella lawsuit, the company has also set up a Website to process claims. So if you bought Nutella during the time period stated above, fill out the online form to get your refund. And don't worry about receipts either. You won't need to send any to get your money back.
- Two SD Moms Win Nutella Lawsuit (NBC San Diego)
- Mom Sues Nutella for Being 'Next Best Thing to a Candy Bar' (FindLaw's Common Law)
- When to Opt-Out of Class Action and Go to Small Claims (FindLaw's Law & Daily Life)