The Sweetener Story: It's Not Which Type, But How Much
CRA
Ferrero has settled a class action lawsuit over its advertising of Nutella for $3m, and has agreed to change the product’s labeling and advertising, according to court documents.
The class action was taken against Ferrero USA last year by a mother of a four-year-old child who claimed to be ‘shocked’ when she found out the chocolate hazelnut spread was unhealthy and “the next best thing to a candy bar.”
The case alleged that the advertising of Nutella violated consumer protection laws by portraying it as a healthy, nutritious breakfast for children, and demanded that Ferrero be barred from advertising Nutella as healthy or nutritious and launch a ‘corrective advertising campaign.’ It also demanded that consumers be refunded for their Nutella purchases, claiming that revenues gained through Nutella sales were “unjustly acquired through acts of unlawful, unfair and/or fraudulent competition.”
Now Ferrero USA has put $3m aside for consumers, who will be able to claim $4 per jar in compensation, up to a maximum of $20. But while $3m may not be a large sum for the Ferrero Group, which reported consolidated turnover of €7.2bn (about $9.5bn) last year, the decision to change its marketing and labeling of the product may be more significant.
Ferrero has agreed to remove the phrase “An example of a tasty yet balanced breakfast” from the back label of Nutella, replacing it with “Turn a balanced breakfast into a tasty one”. The company has also agreed to no longer air the commercials at issue in the lawsuit, and to replace them by July this year with new commercials to be approved by the plaintiffs prior to filming.
Here is one of the commercials that will no longer be aired:
In addition, the company said it would add the Grocery Manufacturers Association’s Nutrition Keys symbols to front-of-pack, indicating calories, saturated fat, sodium and sugar in a standard serving of Nutella.
12 comments (Comments are now closed)
Keep companies honest!!!!
I found dozens of more class action settlement awards that I didn't realize I was entitled to. Check out www.mysettlementclaims.com
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Posted by Brian
08 May 2012 | 21h32
And butter and jelly on toast!??
A little bit of knowledge is a dangerous thing. Unfortunately, parents fail to educate themselves and take responsibility for themselves but persist in thinking that companies and governments should be responsible for their children's diets.
Eat a variety of foods in moderation, folks!!
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Posted by E.C Henley
03 May 2012 | 19h42
Healthy?
I never heard them use the word "healthy" once in the commercial. I think it's a lot of hoopla about nothing and Nutella did nothing wrong.
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Posted by Debbe
03 May 2012 | 08h45
use your brain!
i do not want to offend anybody, but the fact that you take a commercial so litterally makes me think a lot. it is a commercial, of course it says that the product is good, healthy and tasty... it also says that it contains chocolate and nuts... even kids know that you cannot eat too much of that... but by the way you write it seems like you are not able to make a personal judgement. if tomorrow a commercial tells you that horses fly are you going to look at the sky trying to find one?
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Posted by concetta
02 May 2012 | 20h07
Congratulations
As a nutrition professional, I cannot count the number of times pateints have been shocked to find out that Nutella is not as healthy as the commercial claims. Glad to see someone challenged the company on their false advertising.
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Posted by Elise Drake
02 May 2012 | 01h59
Finally...
I have always thought that those Nutella ads were outrageous and blatantly false, but I certainly didn't have the fortitude to take it to court. I am very grateful to that mother for being the reason I won't have to deal with those irritating ads any longer.
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Posted by Nano
01 May 2012 | 22h23
I wonder
I wonder if the woman who filed the lawsuit was as ignorant as many people think or if she was just outraged that Nutella tried to pass themselves off as a nutritious part of a healthy breakfast. I think anyone who looks at the label would know otherwise since "sugar" is the first ingredient. It's pretty blantant that it's false advertising. However, there are plenty of other food companies guilty of this same "crime", some that aren't as obviously unhealthy. It's too bad that she couldn't have chosen one of those to sue instead of Nutella. I absolutely LOVE Nutella and while it would be great to eat it morning, noon and night, I'm not stupid, so I won't do that. This lawsuit isn't going to stop me from buying it and I doubt anyone else who loves it will stop either. I think this lawsuit was a way to tell food companies to stop selling us junk food by calling it healthy. I just hope other companies are paying attention.
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Posted by Janet
01 May 2012 | 21h06
Food Ignorance
How many more times shall we as consumers and industry veterans have to pay for these idiots that file lawsuits due to stupidity and lack of good judgement on their part. This women should have to pay Ferrero for having to even deal with her.
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Posted by Food Tech Professional
01 May 2012 | 04h43
Just weird
No wonder the US is the Mecca for lawyers; where else can you get a refund for 75 jars of Nutella as Karen and friends and family must have consumed? (tongue in cheek). Karen, don't tell me you did not like the taste. I'm sure you will continue to be a loyal customer :--)) ...
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Posted by herby
30 April 2012 | 23h32
it is not nutella's fault!!!!
you americans are weird. in italy we grow up eating nutella.... i am not fat, my sisters and friends are not fat at all..... if your kids are fat is not nutella's fault.... of course, nutella is chocolate, u must know that u can't eat too much of that.... u don't need an adv to say that, u should be able to think with your own brain....
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Posted by concetta
30 April 2012 | 22h27
Chocolate for breakfast?
Ooh, I can't feed little Billy chocolate for breakfast any more? It shouldn't be my fault that I'm such an idiot... thank god I've got lawyers protecting me and my family from the corporate advertising that magnifies my own ineptitude and lack of parenting skills.
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Posted by Smitty
30 April 2012 | 20h38
Get yours too
Get your money back with www.mysettlementclaims.com. I already got $300
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Posted by Karen
30 April 2012 | 19h43
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