California Mother Sues Nutella: OMG It's Not Health Food

Categories: Nutella, Nutrition

resizenutella-thumb-520x380.jpg
A. Scattergood

Americans have historically been as lawsuit-happy as we've been gun-happy, which may or may not be related. Witness a recent case in which a California mother sued McDonald's over Happy Meals. Now another California mother is suing the makers of Nutella over alleged false advertising. In the suit Athena Hohenberg of San Diego claims that she was "shocked to learn that Nutella was in fact, not 'healthy, nutritious' food, but instead was the next best thing to a candy bar, and that Nutella contains dangerous level of saturated fat."

If you actually read the label on the back, you'll find the ingredients list as follows: sugar, palm oil, hazelnuts, cocoa, skim milk, reduced minerals whey (milk), lecithin as emulsifier (soy), vanillin: an artificial flavor. Whether or not you judge this to be better or worse than the Froot Loops and Egg McMuffin and supersized Coke you'd ordinarily feed your small child is, I guess, your call.

We foresee another lawsuit being filed as we speak against the Guinness company, which once had the charming slogan: "Guinness is good for you." Some of us still have the t-shirts. And yes, a pint of stout is actually considerably better for you than a full-on traditional English breakfast.

Hohenberg, the parent of a Nutella-loving (presumably) 4-year-old, is seeking money from the Ferrero Co., which makes Nutella. Ferrero traces its origins to 1946 Italy, where Nutella was invented as a cheap post-wartime snack, and is now a multinational company based in Luxembourg. A few years ago, Ferrero Co. owner Michele Ferrero became the richest man in Italy, overtaking Silvio Berlusconi, with a personal wealth of $11 billion. (Which some of us find hilarious.)

The San Diego mother would like to turn her suit into a class action lawsuit. If a class action suit is filed, Hohenberg asks that any monetary judgment against the company be divided among "all persons who purchased on or after January 2000 one or more Nutella products in the United States for their own or household use."

So let's see, that would be all the jars of Nutella some of us have bought in the last 11 years, a vast number. Here's a suggestion for the thousands of other litigious California mothers: Try a little responsible parenting. Try reading the labels and understanding what they mean. Try making your own snacks for your kids. If you normally feed them good food, a jar of Nutella now and then isn't going to kill anyone. And it's damn good on homemade buckwheat crepes.

Legal disclaimer: that last bit is just an unsolicited opinion, and the Weekly in no way endorses the use of Nutella in your kid's lunchbox.


My Voice Nation Help
90 comments
milkyway
milkyway

People like this mother have clearly no knowledge of food. It's exactly those people who also think salad is healthy, even though it has no vitamins or whatsoever in it. You might as well just eat a piece of paper! Food is neither healthy nor is it unhealthy. Food can have less calories or a lot. If people weren't such pigs and knew when to stop eating, there would be no problem with eating a piece of chocolate! What counts is how much you eat of something. Of course: if you eat food with less calories you can logically eat more till you reach your total amount of calories per day. But then, is a tomatoe really filling you up or are you just going to eat more cos you are still hungry? God damn, people should start thinking!Love Nutella!!! <3

Jamey Kirby
Jamey Kirby

We are surrounded by idiots in America; esp. in California. Sheezzzz!

Todd
Todd

Athena Hohenberg ought to be ashamed of herself.  I hope that she will always be viewed as the idiot mother who sued Ferrero.  I also hope that the Nutella brand has a record sales year as a result of her stupidity.

Riserbo
Riserbo

hohenberg surname from north Europe I suppose...it's funny read many comments about nutella unhealthy when these same people probably eat meat, fish, cheese, and other saturated fats every day....come on, tomorrow eggs and bacon for breakfast! by the way, food in northern europe is the opposite of health, I recommend to look life expectancy for northern europe countries... 

Marco
Marco

if we consider ALL that SHITTY food (junk food) available in Amerika, this kind of people who use to sue EVERYTHING 'cause economic reasons, should be tested in I.D. before grant the right to charge companies of extra costs .. specially when mothers with LIMITED power to groove their kids ..

Astmgr2009
Astmgr2009

Amy my name is Daphne MacEachran and I just finished reading the article above. The statement that u wrote thae Nutella is not gonna kill anyone is totally wrong. My son was 19 years old 6ft tall and 200lbs he was a great kid. One day he went and bought a jar of Nutella. I had never even seen the stuff before. He brought it home and tried it he liked it made 4 sandwhiches with it ( why wouldn't he it is healthy right).. My son went to bed that night and never woke up he died of Anaphylactic Shock. So I don't agree with you opion at all.. the jar has no warning label yet it has 3 of the top 8 allergens in it smoothered in chocolate and sugar.So as you talk about the law suit being rediculious and wrong. I am glad someone is trying to fight the false advertising so another mother might not have to feel the pain I am feeling..

Marco
Marco

Dear Daphne,

I'm really sorry for your lost, the pain a mother leaves for a child lost is something NOBODY ELSE can understand .. all my simpathy to you and your family.Anyway your speach is charged of anger for what happend to you and your affects .. it's NOT a right judgement for ALL those who work in food and nutrition companies.Nutella like many other nuts creams are NOT indicated for kids/teenagers (and ADULTS) who are intollerants to MANY food agents, first sugar (in the several acceptions it's present in food) least but NOT last the hydrogenate fats (wish it's written right) and others compounds of commercial products.Ferrero's companies have labs and factories in many countries where they test EACH product before commercialise it ... ANY single product is tested BEFORE the launch on market .. as is many times they AVOID to make more business on top line products because they know the RISK of ABUSES for customer's health, specially in less educated social classes and culturally more subjected to TV spots .. so you or who like you thinks Ferrero is LIKE McDonalds or Monsanto or Craft or DuPont or DANONE or ANY other food corporation (american or worldwide) should better inform you on WHAT are you talking about.Perhaps the american lawyers should work on BETTER laws on PRODUCTS on market .. MORE detailed LABELS and INSTRUCTIONS .. something MORE adequate to BETTER inform people and in general CONSUMERS what THEY have to know about ingredients, nutritionality and deseases caused by intollerance or unhealthy ABUSE of products on market and HOW use them in RIGHT way to AVOID any potential abuse for IGNORANCE (manifested or hiden) .. from the other side CONSUMERS have the ALWAYS WELL DONE DUTY to read WHAT they're going to feed themselves and their kids ..With lot of respect and sincere partecipation to your loss

Antbi
Antbi

I am very sorry to ear what happened to you but the Anaphylactic shock might probably have been linked to the nut in the Nutella (and only the nuts). That does not mean Nutella is hazardous.

Unfortunatelly, should this have been only 2 nuts and water that was eaten, the anaphylactic shock would have occured. This was an alergic reaction.

Ssprayb
Ssprayb

It is called deceptive advertising. That is illegal. Why is that so hard to understand? Peanut gallery is all these comment sections are.

Elephanthorton1
Elephanthorton1

It was created as a war time substitute for chocolate and is the health equivalent of a candy bar. The website claims it's a healthy choice for breakfast??? Would you give your four year old a candy bar for breakfast and call it healthy? No and consumer advocates are saying the same thing. The company is falsely advertising it's product as healthy even though it was originally designed as a desert and continues to have the nutritional content of a desert... NOT a breakfast choice. In Germany the same company Is being sued for it's labeling. They labeled their nutritional content using two vastly different portion sizes to try to trick consumers into believing that it could be healthy. The company is pretty bold to make these claims but offer you nothing more than a candy bar in a jar. PS... Modified palm oils are often labels used to hide hydrogenated palm oils... It could be even worse for you than a candy bar.

Awesomenoe
Awesomenoe

I just tasted Nutella for the first time. It tastes just like the center of a Ferrero Rocher chocolate. I am going to go eat the jar now. 

erica42981
erica42981

Actually chocolate in measures is good for you and hazelnut is known for its good properties ..i grew up eating nutella and it hasn't hurt me a bi.affordable insurance

Adrian
Adrian

Nutella doesn't even taste good. It's nasty-sweet, and quite gross, IMO. And the commercial IS misleading, but doesn't mean I'd sue over it. That's what labels and reading are for.

MonaVie
MonaVie

This is definitely going to be an interesting case to follow. Honestly, I thought it was healthy too. I was able to try it during a visit to another country. Thus, the label is not in English. I just knew from the taste that it was too good to be true. So I just never bothered reading the labels anymore.

Angela Garcia as NeonMosfet
Angela Garcia as NeonMosfet

Health food? They sell it on the same shelf with jelly and other nut butters. Take a look at the label and you'll find 200 calories per table spoon. The saving grace is that because of the nuts, it does have a little more nutrition than a cookie. Or did she think Nutella would give her the nuts that nature never could?

Andrea Deuss
Andrea Deuss

A TEA spoon is enough! Than it's 80 calories for a portion. Add a slice of whole grain bread and a glass of milk and some orange juice and you have a good breakfast with +/- 400 calories. If you fry food you use oil (10.000 calories a liter!). Will this stop you from eating fries? Probably not! Everything in moderation!

Nothanks
Nothanks

If you eat that for breakfast you have pretty much 400 empty calories that won't fuel you at all. You'll be starving by 9:30. Do you work for Nutella? no one else would find that to be a good breakfast.

Debra
Debra

You all with the negative comments are being "played" by the article which was slanted to get you to have the negative opinions you have expressed. False advertising is not a frivolous claim and someone has to protect our society from the charlatans, otherwise, we would all still be using "tonics" for our ailments.

Momonthego497
Momonthego497

I would like to protect myself, thank you, and not rely on the government to do it for me.  I will take responsibiltiy for my own actions and more people should do the same.  This world would be a whole hell of a lot better off if they did.

ddm
ddm

Thank you! Love the commentary!

englishsunset
englishsunset

I really don't blame the nut jobs that file these suits, they are just looking for big $$$ettlements. I blame the moronic, crooked lawyers and the judges that allow these cases to go forward, treating them as if they were healthy for our nation.

Kala_robinson565
Kala_robinson565

actually chocolate in measures is good for you and hazelnut is known for its good properties ..i grew up eating nutella and it hasnt hurt me a bit

Zarathustra
Zarathustra

I like the fact that this woman is sueing against them. Here in Germany the nutrifical industries are allowed to write anything on their products - no matter if it´s wrong or rigth. We have only a panel of people which are acting against them with negativ advertisement in which the truth is be told - that most of the praised "healthy nutritious food" are only sweets with lot´s of sugar or/and satured fats. For that reason they have to be punished and pay so much that it hurts - so that they may be one day also here in Europe urged to keep attention what they are going to say: the truth or a lie.

ResponsibleConsumer
ResponsibleConsumer

Grow up and be responsible! All the information you need is on the label. Ingredients, calories, mineral and:or vitamin content, ... Nobody is hiding anything. Not here in Germany nor anywhere else in the European Union. And don't pretend you didn't know sugar and fat are not good for you! A little Nutella on whole grain bread is better for you than "natural" honey on white bread. Just think, everything in moderation!

Kv_guzman
Kv_guzman

"Here's a suggestion for the thousands of other litigious California mothers: Try a little responsible parenting. Try reading the labels and understanding what they mean. Try making your own snacks for your kids. If you normally feed them good food, a jar of Nutella now and then isn't going to kill anyone. And it's damn good on homemade buckwheat crepes. " hahaha! love it. Really people since when did we believe all the marketing ploys we watched and since when was a chocolate spread good for anyone??? Chocolate is only "good for you" in it's PUREST form - 70-80% dark chocolate... hardly any milk or sugars or other crap added. Let's practice smart consumerism and stop making Americans look bad!

Nothanks
Nothanks

Chocolate isn't actually good for you at all. See how easy it is to get caught up in BS marketing?

ivycat
ivycat

I just caught wind of this and really I'm not surprised that another person is suing for a stupid reason. I read every single label of all the food I buy because I do care about what goes into our bodies. Nutella just happens to be one of my daughter's favorite snacks. I allow her 2 heaping spoonfuls and she likes it just like that! There is nothing horrible in this delicious product. Yes, there's sugar, but aren't we all entitles to a sugary snack once in a while? And trying to find a wholesome snack without artificial colors or trans-fats(which is not in Nutella), is not an easy task in this country.

Nicole Heinecke
Nicole Heinecke

READ THE GOD DAMN LABEL PEOPLE BEFORE BUYING FOOD!!SOUNDS TO ME SOMEONE IS A FEW DOLLARS SHORT AND WANTS TO CASH IN QUICKLY!!! NEWS FLASH FOR HER!! GOOD LUCK WITH TAKING ON A FEW OF A BILLIONAIRE LAWYERS!!!! SHE HAS A BETTER CHANCE OF TAKING IT BACK TO THE STORE AND GETTING A REFUND OF THIS PRODUCT!!!! MY GOD SOME PEOPLE!!!!

Maria Rotondo
Maria Rotondo

The Company name is Ferrero, I am italian and I think that nothing can be like Nutella

Ascattergood
Ascattergood

Thanks for the spelling correction! Some of us need a copy editor in English, not to mention all other languages. Appreciated.

GuestfromEurope
GuestfromEurope

What is it about? Getting attention or even better 'getting money'? People like Athena Hohenberg are irritating. Nutella is a sweet and it's known to be one ever since. It is our own responsibility to check the nutrition facts on a packing. We all know that marketing is about getting attention but not about information. The next step is to bring an action against Frolic because the dog in the commercial barks but your own does not? Stop acting like a childish consumer, accept your responsibility in life!

savvysearch
savvysearch

It's kind of obvious if you just take a second to read the nutrional label.

At the same time, Nutella does advertise itself as being part of a healthy breakfast, especially here in Europe, which we all know is just flat out deception that has anyone with common sense shaking their heads and laughing.

Then again, "healthy" is subjective and you can stretch the word to mean anything.

rockabilly2011
rockabilly2011

.......yea i think this is selfish and she is going to get her ass sued and not get a penny ..besides dosent she know what a class action suit is ...the lawyer gets all the money and you get harassed and less than 1% of anything

Cammie
Cammie

So Nutella, WITH nuts, obviously is not FOR nuts.

lol
lol

The gun comment was unrelated and idiotic. Keep your retarded opinions separated when writing an article.

Angie LuvSavingMoney
Angie LuvSavingMoney

I totally agree. It seems some don't want to bother being parents and would rather point blame at the companies when something is wrong. It's parents like these that are trying to get the toys out of happy meals and why we can't by those really cool Kinder Surpise Eggs in the US. READ and be a parent to your children people. On a side note, I love Nutella!

Shantihhh
Shantihhh

Can she read? duh, read the labels!

Beaucaribou26
Beaucaribou26

I grew up in France and I remember well that we would have Nutella only on special occasions (like birthdays) and never my mother or my friends mothers would allow us to have more than 2 slices of bread spread with Nutella. Yes, we had it but it was strictly controled LOL!30 years later, I buy Nutella mostly in winter because it is do damn good to have...ok, 3 slices (!) when you come back from outdoor ice skating ! Go Nutella Go!

Sara
Sara

Stupid people make money in courts while others lose their jobs cause of them.

Rloan
Rloan

Who is the attorney actually taking on a client like this and then filing the lawsuit? I hope he collected his fee and it's not contingent on winning. Otherwise he would be the dumbest one in this scenario.

Sara
Sara

What attorney would not take this? It's what he went to law school for. If it's the only business he has, it's what puts bread on his table. She wins, he wins.

Sclclf
Sclclf

the stupid people are winning.

Gary
Gary

Can a judge just laugh her out of court? I know I would!

Nutella in a crepe with whipped cream, strawberries and bananas!! But I know it's not health food, but it's damn good!!

Sam
Sam

C'mon people, who's with me so I can sue the a** of Jif and Skippy ?

Corklanger
Corklanger

Guinness never used that slogan. That's a myth. You'll find it on tshirts etc but the company never used it.

Corklanger
Corklanger

Sorry....delete this post. Got mixed up with another famous slogan I think ....apologies.

Nutella woman needs to get a brain. (like I need).

This sort of ignorant lawsuit wastes so much time and money.

Ascattergood
Ascattergood

Thanks, Corklanger: Was just about to do a long search of The Irish Times database! I went to school in Dublin a very long time ago and spent an inordinate amount of time at the St. James Gate brewery. (To one of the older men who worked there: "How many pints do you drink a day?" "Maybe 30; I lose count." This was the 80s.) Anyway, the "Guinness is Good For You" campaign dates to the 20s. Irish ads can't make that claim anymore. Go to Lucky Baldwins in Pasadena, and you can see some of the cool old ads.

Now Trending

From the Vault

 

©2013 LA Weekly, LP, All rights reserved.
Browse Voice Nation
  • Voice Places Los Angeles

    Voice Places

    Find everything you're looking for in your city

  • Happy Hour App

    Happy Hour App

    Find the best happy hour deals in your city

  • Daily Deals

    Daily Deals

    Get today's exclusive deals at savings of anywhere from 50-90%

  • Best Of

    Best Of...

    Check out the hottest list of places and things to do around your city