The Sweetener Story: It's Not Which Type, But How Much
CRA
A consumer class action lawsuit has been filed against Ferrero USA in a San Diego federal court, accusing it of falsely portraying Nutella chocolate hazelnut spread as part of a nutritious breakfast for children.
The name plaintiff, Ms. Athena Hohenberg, mother of a four-year-old child, claims she was ‘shocked’ when she found out that the spread was unhealthy and “the next best thing to a candy bar” through speaking with friends. She said she had bought the spread because she sought a healthy snack or breakfast alternative for her household.
Hohenberg complains that the company’s commercials portray Nutella as “an example of a tasty yet balanced breakfast” in association with a picture of fresh fruits, whole wheat toast and orange juice.
“Nutella, however, contains about 70% saturated fat and processed sugars by weight,” the court document reads. “Both these ingredients contribute significantly to America’s alarming increases in childhood obesity, which can lead to lifelong health problems. Therefore, Nutella is not part of a nutritionally ‘balanced’ breakfast for consumption by children, as Defendant’s advertising deceptively suggests.”
The case alleges that the advertising of Nutella violates consumer protection laws by portraying it as a healthy, nutritious breakfast for children, and demands that Ferrero be barred from advertising Nutella as healthy or nutritious and launch a ‘corrective advertising campaign.’ It also demands 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.”
Nutella’s maker Ferrero USA has refused to comment specifically on the case, according to the Wall Street Journal. However, company spokesperson Elise Titan said: “We stand behind the quality and ingredients of Nutella hazelnut spread and the advertising of our product.”
The court documents are online here .
8 comments (Comments are now closed)
http://lawblog.legalmatch.com/2011/02/16/breaking-news-nutella-is-not-health-food/
Why didn't she just look at the ingredients and nutrition facts?
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Posted by SFJD
17 February 2011 | 21h42
Lard: Part of a Healthy Breakfast
Nutella has been marketed brilliantly in the past year, resulting in Ms. Hohenberg and others perceiving that it has some nutritional value for their little ones. Personally, it has struck me too, that it has recently increased in popularity, in spite of it's saturated fat and sugar content.
But suing the company? Clearly over the top! On the other hand, reality checking about Nutella's real value--that it tastes good (to some), while hardly a healthy component of breakfast, would be less misleading.
A block of lard can be said to be part of a healthy breakfast (as long as those other parts are like the items listed by Ferrero in their ad!).
Lori Lieberman, RD, CDE, MPH, LDN
www.dropitandeat.blogspot.com
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Posted by Lori Lieberman
08 February 2011 | 23h56
She didn't read the label?
Which is why this information is available. You can then choose whether the item is appropriate or not BEFORE you purchase.
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Posted by Diana
08 February 2011 | 18h11
Nutrilicious - in moderation (of course!) Dont eat the whole jar in one time!!! Twit!
Wonderful posts here about Nutella -
Indeed to what I remember I encountered Nutella for the first time in 1963 - enjoyed it as a child and my children enjoy it too - needless to say without that we are obese nor fat around the wasteline - It is a matter of "moderationn"
How pathetic to sue Ferrero on this - Get real woman! -
Wonder what else and what next will be sued...?
eating fresh bananas (+Nutella) for breakfast...?
Gimme a break! -
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Posted by Alfred Musper
08 February 2011 | 15h47
perfect breakfast
Of course Nutella is part of a nutritious breakfast. They're even telling you how to do this: Have a piece of fruit, a glass of orange juice, a slice of whole wheat toast with a spoonful of nutella, there you go. How is that misleading, again?
I say keep your lawsuit-happy mitts off of my Nutella!
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Posted by Kenga
08 February 2011 | 15h36
CSPI strikes again
I detect the fingerprints of CSPI on this lawsuit.
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Posted by Marvelousmarv
07 February 2011 | 23h31
Tella Nut
Where has this lady been living, under a rock? Tell this nut like the others, read the labels and ingredients "before" you buy it. Decisions and changes are made by having the freedom of "choice" to buy it or not! Not by more lawsuits and laws to protect the lame once again. Just another case of the dumb blaming someone else, and wanting more regulation for their ignorance or lack of knowledge of a product or subject. Nutella is a great product, been around for years, and it's great!
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Posted by ingredients
07 February 2011 | 20h44
nutella
Another case of the American public not wanting to be accountable for their choices or their actions. I'm a Registered Dietitian & I have a jar of Nutella in the cupboard...
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Posted by Ken Wood, RD/LD/N
07 February 2011 | 19h23
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