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Consumer Law

Suit Claims Plaintiff Shocked to Learn Nutella Was ‘Next Best Thing to a Candy Bar’

A class-action lawsuit filed by the mother of a 4-year-old child claims she was misled by Nutella’s claims that the hazelnut spread is a “healthy breakfast” and “nutritious.”

The suit (PDF filed by Courthouse News Service) claims Nutella “falsely and misleadingly markets Nutella as healthful,” even though it contains 70 percent saturated fat and processed sugar by weight. Named plaintiff Athena Hohenberg was shocked to learn that Nutella was in fact not healthy, the suit says, but “instead was the next best thing to a candy bar.”

Nutella’s ad campaign “includes images and videos of wholesome families and happy, healthy children enjoying Nutella for breakfast,” the suit says. “The claim is misleading.”

The suit, filed in federal court in Southern California, claims breach of warranty and violation of California laws on false advertising and unfair competition, the National Law Journal reports.

A spokeswoman for Nutella’s maker, Ferrero USA Inc., told the NLJ that it stands behind the quality of the spread’s ingredients and its advertising.