Nutella Settles Lawsuit Over 'Healthy Breakfast' Claims

nutella_opt.jpg
Flickr/elisasizzle
A dab of Nutella on mini toast
Nutella isn't a health food? But it's made with hazelnuts -- nuts are good for you. And chocolate -- doesn't chocolate contain healthy antioxidants?

Two class-action lawsuits against Ferrero, the maker of Nutella, say the company's claims in a recent TV commercial that Nutella spread on toast makes a healthy breakfast for children went a little too far, according to the New York Daily News. (One suit was for California, where the suit originated, and the other was for hazelnut-spread victims in the rest of the country.)

In the ad, a mom touts the sweet spread's "simple, quality ingredients like hazelnuts, skim milk and a hint of cocoa" as an ideal way to start the day.

In fact, a few tablespoons of Nutella spread onto toast contain the caloric (200), fat (3.5 grams, saturated) and sugar (21 grams) equivalent of a Three Musketeers bar, according to Consumerist.com. (Hmm, Three Musketeers bar on toast? Maybe put it under the broiler for a minute or two. Now there's an idea.)


That pissed off a mom in California, who grabbed a lawyer and sued Ferrero for false advertising, saying she was taken in by the ads and started feeding her 4-year-old daughter "the next best thing to a candy bar," according to court documents. Then friends suggested she look at the label, and just imagine her shock when she discovered there was chocolate and sugar in the stuff (Nutella's main ingredients are sugar and palm oil).

In settling the lawsuits for $3 million, Ferrero agreed to change its marketing campaign, modify its product label, create new TV ads and change the Nutella website (which, as of today, still claims on its homepage: "Nutella ... Breakfast never tasted this good!" and offers a "Build Your Own Breakfast" feature. Four "equivalent" choices included 1 slice of whole grain bread with 2 tablespoons of Nutella, 1 cup of strawberries and 8 ounces of 1% milk; or 1 scrambled egg, 2 slices of bacon, ½ cup of fried potatoes and 8 ounces of orange juice.)

The site also has a section on "Nutella and Family," which states: "A balanced breakfast should provide the proper balance of protein, carbohydrates from whole grains, fat and the nutrients provided by either a serving of fruit or vegetables. For example, a breakfast that consists of a small whole grain bagel with Nutella, 1/2 cup of sliced strawberries and 1 cup of 1% milk is suitable for school-aged children. So why not use Nutella hazelnut spread to turn a balanced breakfast into a tasty one!"

Now, Nutella. We love ya. But, seriously? This ad campaign would've gotten Peggy fired from Sterling, Cooper, Draper and Pryce faster than she lost the Heinz account for depicting hippies enjoying baked beans around a campfire.

Shoppers who bought Nutella between Jan. 1, 2008 and Feb. 3, 2012 (Aug. 1, 2009 and Jan. 23, 2012 if you live in California) can file a claim and join the class action, according to the official notice from the company -- you'd end up with about four bucks for a jar. If you too were fooled into thinking the delicious chocolatey goo was good for you, go to nutellaclassactionsettlement.com for more information.

(Editor's note: Or maybe actually read the label before you decide what to have for breakfast.)


Follow Samantha Bonar @samanthabonar.

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31 comments
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Anthony
Anthony

I didn't hear the word "healthy" once in the above ad.  And even this article puts words in the mother's mouth..."In the ad, a mom touts the sweet spread's "simple, quality ingredients like hazelnuts, skim milk and a hint of cocoa" as an ideal way to start the day."  I didn't hear that either.  I did hear her say it was a "quick and easy way to give my family a breakfast they'll want to eat."  Maybe we just hear what we want to hear...    

Erin
Erin

You live in a dream world if you think that companies will ever be honest in marketing. They'll just get more creative and continue to look for loopholes. I have never read Nutella's nutrition label as I have never had the substance. Even so, I know that chocolate that comes in a jar from a factory that produces large quantities around the world is bound to be unhealthy no matter what their claims. I would hope that everyone else would apply some common sense and come to the same conclusion.

There are many health claims out there and Nutella's wasn't reaching as far as they could have. Was there anything really gained from this case for the rest of society? No. I read all of the court documents associated with this case and it's just really pulling at strings. What a ridiculous woman.

guest
guest

Keep in mind that there are two kinds of companies, those that have be sued and those that will be sued.  This has been a fact of life....forever, not just now.  This is a class action which could mean that it was initiated and financially backed by some in the legal profession (a third plus expenses). The ad openned the door when the actress said, 'includes' at which point it becomes misleading because she gave only a partial list of the ingredients.  Bad AD.  Finally, Nutella is great stuff...in moderation....like so many other great things.  Before you feel too bad for Ferrero consider how much reverse negative advertising they are getting for $3.05 million.  How many are thinking, "what a bone head suit this is, Nutella is the real victim"?  Kinda makes you want to go out and splurge on one of this little jars of joy just to show that lady what you think of her?  Ferrero is managing this crisis brilliantly (no sarcasim).

Rum Ham
Rum Ham

I just bought two jars yesterday at Costco...Great price...And it's tasty too!

MarkGe
MarkGe

only people in USA can in a smart way suit a company because of the the commercial of their product is not right... they should suit also McDonald, Chiplote, and all those super healthy US companies... All those international companies should not bring anymore food to USA and leave US with their own healthy food...

Notborninusa
Notborninusa

Well Ferrero, the producer of Nutella, is a multibillion company, the Ferrero family can be compared to the Waltons.I worked for that size of companies in the food industry, there are financial software that in their formulas account  also this kind of accident such as a voracious lawyer, a voracious consumer etc.It is all accounted. Regarding quality of food, I check the label and if there are more than 2 food addictive i say: NoI'm Italian and after so many years here in USA I can say that here also we can eat healthy and good food.By the way, in Europe fresh milk is not tested for antibiotics presence, here it is mandatory.Not in all foods unfortunately. 

Oedipustrex
Oedipustrex

Suing ourselves back into the Stone Age... 

beercrabs
beercrabs

 this is Nutella's fault?  what brain-dead idiot decided this?...pah....leez.....seems a good portion of the child-rearing population haven't got enough smarts to read labels...that being said, I've no fear of any repercussions regarding this post...

Guest
Guest

How about we add Hohenberg to our vernacular?  Perhaps it could be the word to describe situations where success is parasitically achieved in spite of mind-boggling idiocy.  For example:Ann:  Hey, Bob, I heard about your car accident.  How are you doing?Bob:  Pretty good, actually.  Turns out that, because the stop sign I ran had a bent corner and wasn't completely octagonal, I'm not actually at fault for hitting that garbage truck.  The intersection didn't have necessary signs and I hohenberg'd the city out of $137,000.Ann:  Wow, you're scum!

gene A
gene A

what is healthy in american anymore? growth hormones,genetically modified food ,antibiotic in our meat and food full of perservitives

eurocon11
eurocon11

This is right up there with the dog in the microwave oven lawsuit. The US legal system has to change to eliminate these frivolous lawsuits that are essentially designed to enrich lawyers and protect the stupid.

Lancecharles
Lancecharles

I think people are missing the point here. The compensation will be just a few dollars. Additionally, the point is that false advertising is a legally actionable offense. I read the labels too and didn't buy the Nutella I saw in the store today for 2 for 1. But I'm tired of being lied to by every damn person and company that is trying to sell me something. Lying is a way of life for nearly everyone I deal with who has a financial interest in the transaction.

I say huzzah!

inismor
inismor

Will you also be tired with all the people joining the class action even if they were aware of Nutella's "unhealthyness"?

notborninusa
notborninusa

More than 40 years ago, for breakfast,  my mom use to give me a slice of bread with a little of nutella on it and a glass of milk.No sodas, no pop tarts, no fake healthy cereals, in few words no junk food.Nutella is not the healthiest food ever, my parents had brain and they were using it.Dear Athena I feel so sorry for your daughter.

Meecepeece
Meecepeece

yes I feel sorry for a child whos parent acts this ignorant also. I eat Nutella also, in an appropriate serving on bread, and it is not bad if someone uses it to sweeten up wholesome foods. The fats in nuts ARE healthy fats,actually. It is sugar content everyone is freaking about, and I see no difference between nutella,and EVERY childrens cereal on the market in USA. Should we,the consumer sue ALL cereal companies? NO.its ignorance to sue companies for not reading labels. READ the label first, on YOUR OWN people. Get some sense.

50gagirl
50gagirl

The should have advertised it as delicious not nutritious. 

Concerned Texan
Concerned Texan

This mom gives all moms a bad name.  She probably also determines her political votes by TV ads.  How ridiculous.  Quit blaming others for your ignorance, lady.

Bigill
Bigill

I'm 37 italian guy and i started eating nutella since i was a child!i never had any weight issue or any another health issue and i never heard weight issue in europe but we drink just milk and water (no sugar beverages....).Is incredible that Law allows consumers to win this kind of battle where the responsibility has to be put on them

E309
E309

because we all know the sugary cereal crap people feed their kids all the time is SOOOO much better. 

Guest
Guest

Okay. It's not like I'm saying that Nutella is super good for you, but the article is right. It's the consumer's responsibility to read a label and understand the ingredients. A lot of food companies claim their products are much healthier than they actually are and no one slams law suit on them. I really think this was a stupid case, especially considering it was presented by a mother who was willing to feed her daughter food without actually caring to know what was inside it. People like her would buy cocaine for their children if the marketing was good enough.

Informed Mom
Informed Mom

Umm...hello. Read the label, dummy! I let my kids eat Nutella once in a while KNOWING what's in it....because I READ the ingredients. That stuff is tasty.....

Ritasfox
Ritasfox

WTF??  The reason ingredients are on all food labels is so we can read it and then determine if we will buy it..Advertising is usually mis-leading--it is what companies pay BIG bucks for to induce us to buy their products--  Sorry but this mom is a total loser and I pray to god she reads the label before giving meds to her 4 yr old....I love Nutella and I know anything this good is not good for me without reading the label!

Suzanne614275
Suzanne614275

Shame on you Athena Hohenberg!  You can think about money but you obviously do not really think about feeding your children healthy food!  You could have read the label in the first place BEFORE you ever bought the product.  If you were a good parent you would already know this.

B K
B K

That's ridiculous and frivalous. That Mother is soo stupid that she wasgiving freakin nutella to her kids thinking it was nutritious. Are youkidding me. Holy Sh**t, what does she feed them for dinner Cracker Jacks!

guest
guest

Since when is it ever proper to substitute good wholesome foods prepared by a caring parent with junk food of any kind.  Examples: toaster waffles, pop tarts, eggos etc.  I know society has gone to fast food for breakfast, lunch and dinner because everyone is on the go, but why should this lifestyle be an excuse for heading for a lawyer and the courts when a bad judgement call for nutrition ends up with an easy road to money.  Judges should be tougher and through stuff like that out of court. Can business sue for lack of common sense or greed?

Danielle Russell
Danielle Russell

This is what is wrong with the justice system...no one takes responsibility for their own actions......it's shameful....the courts should throw these suits out and make the plaintiff pay all the costs involved.....this would stop a lot of this kind of wack.

Rnking03
Rnking03

Apparently you think it's fair for companies to do all they can to pull the wool over our eyes. Well I don't know about you but I don't care for having to play detective everytime I want to buy something. I think its awesome when someone calls out a company for being dishonest, hopefully it will scare a few others straight!

Chiaranyc85
Chiaranyc85

Ignorant Mother! I agree: This is abuse of law. I'm italian, 38, tall and slim, eat nutella since 4 (not everyday, but love to indulge on it), eat big pasta meals every lunch next to colleagues that eat "healthy"  salads (check the dressings!), sodas (check the sugars!) and "healthy bars" (check the %of proteins!). Result: my circumference - to say it politely-  is approx 1/2 of theirs. Wonder why? 

alvise giglio
alvise giglio

READ THE LABEL!!!    No one pulled the wool over anyone's eyes.  Nutella was not being dishonest. My son is underweight.  Nutella for breakfast ON WHOLE WHEAT TOAST is helping him maintain (and NOT LOSE) weight.

This is another example of lawsuit abuse and fraud.  Idiot mother screwed it up for everyone.  Typical.

inismor
inismor

Apparently you think it's fair to make money on your own lazyness. My retirement plan:-Buy a car in the US.-Sue the company when I don't get the boobed girl I saw in the ads.-Wait for sweet money.

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