Nutella Gets Spanked in Class-Action Suit

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Replies

  • veganbaum
    veganbaum Posts: 1,865 Member
    The lawsuit is more about the false advertising, not that the product itself caused harm.

    But there's no falsity.
  • victoria4321
    victoria4321 Posts: 1,719 Member
    Every time I saw that commercial it made me mad....WTH are parents thinking giving their kids chocolate for breakfast. Shame on you dummies. You need to be more advertising savvy, all those ads are lies!

    Just stick to the chocolate chip pancakes with whipped cream.

    LOL so chocolate chip cake and whipped cream is any better? I hope you don't feed your kids cake for breakfast, its not any better than nutella on toast fyi. (btw pancakes are cakes, just not prepared the same way. You might as well eat a cupcake)
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    It lists Nutella as part of a balanced breakfast and talks about how that balanced breakfast will make kids do amazing things because of the energy they need. Again, nicotine would too, but we don't let cigarette companies get away with that crap.
  • veganbaum
    veganbaum Posts: 1,865 Member
    You can watch the commercial here, which I had never seen:

    http://www.cbsnews.com/8301-504763_162-57423319-10391704/nutella-health-claims-net-$3.05-million-settlement-in-class-action-lawsuit/

    Let's see, it says that Nutella is made from simple ingredients and that it's something the kids will want to eat. How is that giving the idea that it's healthy?

    I'm embarrassed for my country. I can't believe a lawyer/law firm took this case and that a judge decided in favor of the plaintiffs. This is a ridiculous waste of judicial resources and sends a message that even if the company provides information right there on the label the individual is not responsible for reading the damn thing.

    The commercial says its great for whole wheat toast and whole wheat waffles (generally thought to be "health foods") then goes on to mention its innocent ingredients. Such as, hazelnuts, skim milk, just a hint (lol) of cocoa. I think it forgot to mention a gallon of sugar. I still think all their ads are misleading.

    Just being on MFP on a regular basis makes us know a little more about health and nutrition than the average person. You have to see how the ad is misleading to the general population, not to more health conscience people.

    Still not untrue. If people can't work out the basics for themselves, we're pretty screwed. Just the fact that there's chocolate should lead people to question. But if they feed their kids chocolate cereal, I guess not. I hate advertising, that's why I don't watch television, doesn't mean people get a free pass to not be held to some level of personal responsibility.
  • suelegal
    suelegal Posts: 1,282 Member
    Personally, although I don't agree that everyone should go sue, I do believe there should be truth in advertising. (I'm gonna sound like my grampa here) When I was a kid, the FDA, FTC (or whatever other govt agency looked out for humans and not corporations) actually tried to enforce that. Advertising couldn't make false claims. Yea I know, it's supposed to be that way today too, but really? Dannon yogurt is a prime example! That stuff is good and yogurt in general isn't bad for you but seriously?
  • icerafta
    icerafta Posts: 38
    I have been interested in the challenge of taking our favorite sinfull food pleasures and trying to create healthier alternatives. Nut butters are all fattening but are packed with protein and other nutrients. Just get a good, sturdy food processor and pulverize the %$#$% out of the filberts, add a little unsweetened cocoa powder, liquid stevia (SPARINGLY) and a little lite cream cheese spread and voila! It may not taste exactly like Nutella, but you can tweek it to fit your taste. Spread it on melba toast and, well, there it is...(-:
  • femmi1120
    femmi1120 Posts: 473 Member
    You can watch the commercial here, which I had never seen:

    http://www.cbsnews.com/8301-504763_162-57423319-10391704/nutella-health-claims-net-$3.05-million-settlement-in-class-action-lawsuit/

    Let's see, it says that Nutella is made from simple ingredients and that it's something the kids will want to eat. How is that giving the idea that it's healthy?

    I'm embarrassed for my country. I can't believe a lawyer/law firm took this case and that a judge decided in favor of the plaintiffs. This is a ridiculous waste of judicial resources and sends a message that even if the company provides information right there on the label the individual is not responsible for reading the damn thing.

    The commercial says its great for whole wheat toast and whole wheat waffles (generally thought to be "health foods") then goes on to mention its innocent ingredients. Such as, hazelnuts, skim milk, just a hint (lol) of cocoa. I think it forgot to mention a gallon of sugar. I still think all their ads are misleading.

    Just being on MFP on a regular basis makes us know a little more about health and nutrition than the average person. You have to see how the ad is misleading to the general population, not to more health conscience people.
    Just thought I'd point out that every ingredient you listed is an actual ingredient in the product, so I really don't see where the "outright lie" is.

    Stop hating on the advertisers. Of course they're not going to give you both sides of the story. That's not their job. Their job is to make the product look good. It is YOUR job to get the other side of the story.
  • fh1951
    fh1951 Posts: 441 Member
    william shakespeare - henry vi part 2, act 2, scene 4
  • veganbaum
    veganbaum Posts: 1,865 Member
    It lists Nutella as part of a balanced breakfast and talks about how that balanced breakfast will make kids do amazing things because of the energy they need. Again, nicotine would too, but we don't let cigarette companies get away with that crap.

    Maybe there are other commercials, but the one I watched didn't say anything about it being part of a balanced breakfast - it says it 's something kids will want to eat, then at then end it says "Nutella, breakfast never tasted so good." Yeah, loads of sugar and chocolate.
  • striveforhealthy
    striveforhealthy Posts: 137 Member
    Genius. Dumb yourself down to make a quick buck. People will do anything.
  • victoria4321
    victoria4321 Posts: 1,719 Member
    You can watch the commercial here, which I had never seen:

    http://www.cbsnews.com/8301-504763_162-57423319-10391704/nutella-health-claims-net-$3.05-million-settlement-in-class-action-lawsuit/

    Let's see, it says that Nutella is made from simple ingredients and that it's something the kids will want to eat. How is that giving the idea that it's healthy?

    I'm embarrassed for my country. I can't believe a lawyer/law firm took this case and that a judge decided in favor of the plaintiffs. This is a ridiculous waste of judicial resources and sends a message that even if the company provides information right there on the label the individual is not responsible for reading the damn thing.

    The commercial says its great for whole wheat toast and whole wheat waffles (generally thought to be "health foods") then goes on to mention its innocent ingredients. Such as, hazelnuts, skim milk, just a hint (lol) of cocoa. I think it forgot to mention a gallon of sugar. I still think all their ads are misleading.

    Just being on MFP on a regular basis makes us know a little more about health and nutrition than the average person. You have to see how the ad is misleading to the general population, not to more health conscience people.

    Still not untrue. If people can't work out the basics for themselves, we're pretty screwed. Just the fact that there's chocolate should lead people to question. But if they feed their kids chocolate cereal, I guess not. I hate advertising, that's why I don't watch television, doesn't mean people get a free pass to not be held to some level of personal responsibility.

    Exactly. That's why advertisers should be held to a level of personal responsibility as well. The point is that nutella should be advertised as a candy item or frosting basically. They need more of a duncan hines type of commercial, not a "lets get the kids together and make breakfast healthy" one.

    Corporations have to be held responsible for misleading ads because most people don't seem to put together the fact that all these large companies work for us. They're supposed to protect their consumer to a certain extent because that is who makes them money. Even the people at nutella knew they were wrong, that's why they settled.
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    The problem for me is that they are actively trying to insinuate that Nutella is a healthy part of the diet rather than a sometimes food or an indulgence.

    Some quotes from their website:

    How can Nutella® help moms at breakfast time?

    It can be difficult to persuade children to eat breakfast. When used in moderation with complementary foods, Nutella® is a quick and easy tool to encourage kids to eat whole grains, such as whole wheat toast, English muffins, toaster waffles and bagels.

    What does Nutella® taste like?

    Nutella® has a unique taste. The blend of simple and wholesome ingredients – hazelnuts, sugar, skim milk and a hint of cocoa – combined with its creamy texture spread on whatever bread you choose, will delight your taste buds with each bite.

    And then a whole section with Tips for Moms:

    Breakfast is often considered to be the most important meal of the day.

    However, as parents know all too well, feeding our children a balanced breakfast can be a challenge. Moms and dads can use all the help they can get.

    Thankfully, Nutella® hazelnut spread is a quick, easy and tasty way to start the day. Through careful planning, breakfast can be a meal that families look forward to instead of a stressful and challenging experience.

    Below are some helpful tips on how to make breakfast more enjoyable for you and your family:

    Get up, and eat! Get the kids up earlier on weekdays to ensure the entire family has time to sit and enjoy the meal together.
    Be a role model. Parents who eat a balanced morning meal benefit, too, and also set a good example for their children.
    Variety is key. Children need a balance of nutrients and tasty goodness, and parents need a breakfast solution that is quick and convenient! Be sure to include sources of whole grains, protein, fat and nutrient-boosting fruits or vegetables as part of the breakfast plan.
    Make breakfast a family affair. Enlist your child in making breakfast happen. Getting your kids involved can both save time and provide a fun learning experience. Let them help in setting the table, pouring juice, cutting fruit, and cleaning up. Make breakfast fun by planning with your child and making it together.
    Be prepared - Some days may be more hectic than others, so keep your kitchen stocked with plenty of "grab-and-go" breakfast food combinations such as a yogurt, 100% juice box and a whole grain English muffin with delicious Nutella® hazelnut spread. That way, even on the most rushed days, you can send your child out the door with an easy balanced breakfast.

    Afterall, the "best" breakfast is the one that will be eaten!

    But keep in mind, 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!
  • lu136mickey
    lu136mickey Posts: 202
    It is better for you then a candy bar you at least get a little protein, add some peanut butter or banana and whole grain bread get's rid of your sweet craving, more nutritional value then butter and jelly so I do not believe it is bad for you completely!!
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    VeganBaum, the link in the original post has the commercial with the balanced breakfast, and the website quotes I provided also promote that. What I found more hilarious was that they list white bread as part of a balanced breakfast. On the website, they refer to it as containing wholesome ingredients. The first FAQ question is "What is it?" and it lists hazelnuts, cocoa, and skim milk ... but not the sugar. (They do mention the sugar later.)
  • victoria4321
    victoria4321 Posts: 1,719 Member
    You can watch the commercial here, which I had never seen:

    http://www.cbsnews.com/8301-504763_162-57423319-10391704/nutella-health-claims-net-$3.05-million-settlement-in-class-action-lawsuit/

    Let's see, it says that Nutella is made from simple ingredients and that it's something the kids will want to eat. How is that giving the idea that it's healthy?

    I'm embarrassed for my country. I can't believe a lawyer/law firm took this case and that a judge decided in favor of the plaintiffs. This is a ridiculous waste of judicial resources and sends a message that even if the company provides information right there on the label the individual is not responsible for reading the damn thing.

    The commercial says its great for whole wheat toast and whole wheat waffles (generally thought to be "health foods") then goes on to mention its innocent ingredients. Such as, hazelnuts, skim milk, just a hint (lol) of cocoa. I think it forgot to mention a gallon of sugar. I still think all their ads are misleading.

    Just being on MFP on a regular basis makes us know a little more about health and nutrition than the average person. You have to see how the ad is misleading to the general population, not to more health conscience people.
    Just thought I'd point out that every ingredient you listed is an actual ingredient in the product, so I really don't see where the "outright lie" is.

    Stop hating on the advertisers. Of course they're not going to give you both sides of the story. That's not their job. Their job is to make the product look good. It is YOUR job to get the other side of the story.

    Not hating on any advertisers. I'm just pointing out that for just about any corporation they have to uphold a level of corporate responsibility. and protect their consumer, the person who pays them. If a large portion of their consumer base is feeling lied to, then they at least deserve a refund, which is the amount of money being awarded to each person claiming pretty much.
  • Nutella is CHOCOLATE? What? My world has just turned upside down. Here I was thinking it was a nasty form of peanut butter. I might try it now. :D
  • veganbaum
    veganbaum Posts: 1,865 Member
    You can watch the commercial here, which I had never seen:

    http://www.cbsnews.com/8301-504763_162-57423319-10391704/nutella-health-claims-net-$3.05-million-settlement-in-class-action-lawsuit/

    Let's see, it says that Nutella is made from simple ingredients and that it's something the kids will want to eat. How is that giving the idea that it's healthy?

    I'm embarrassed for my country. I can't believe a lawyer/law firm took this case and that a judge decided in favor of the plaintiffs. This is a ridiculous waste of judicial resources and sends a message that even if the company provides information right there on the label the individual is not responsible for reading the damn thing.

    The commercial says its great for whole wheat toast and whole wheat waffles (generally thought to be "health foods") then goes on to mention its innocent ingredients. Such as, hazelnuts, skim milk, just a hint (lol) of cocoa. I think it forgot to mention a gallon of sugar. I still think all their ads are misleading.

    Just being on MFP on a regular basis makes us know a little more about health and nutrition than the average person. You have to see how the ad is misleading to the general population, not to more health conscience people.

    Still not untrue. If people can't work out the basics for themselves, we're pretty screwed. Just the fact that there's chocolate should lead people to question. But if they feed their kids chocolate cereal, I guess not. I hate advertising, that's why I don't watch television, doesn't mean people get a free pass to not be held to some level of personal responsibility.

    Exactly. That's why advertisers should be held to a level of personal responsibility as well. The point is that nutella should be advertised as a candy item or frosting basically. They need more of a duncan hines type of commercial, not a "lets get the kids together and make breakfast healthy" one.

    Corporations have to be held responsible for misleading ads because most people don't seem to put together the fact that all these large companies work for us. They're supposed to protect their consumer to a certain extent because that is who makes them money. Even the people at nutella knew they were wrong, that's why they settled.

    Just because a company settles doesn't mean they're admitting to wrongdoing. Here the judge decided Nutella was in the wrong, they had to pay a settlement.
  • DaveneGfit
    DaveneGfit Posts: 338 Member
    Wow. Kind of makes me sad. Our society is so unaware of what healthy actually is. Though the media and advertising the things that are actually marketed as "Healthy" are actually quite the opposite.
  • ZugTheMegasaurus
    ZugTheMegasaurus Posts: 801 Member
    You can watch the commercial here, which I had never seen:

    http://www.cbsnews.com/8301-504763_162-57423319-10391704/nutella-health-claims-net-$3.05-million-settlement-in-class-action-lawsuit/

    Let's see, it says that Nutella is made from simple ingredients and that it's something the kids will want to eat. How is that giving the idea that it's healthy?

    I'm embarrassed for my country. I can't believe a lawyer/law firm took this case and that a judge decided in favor of the plaintiffs. This is a ridiculous waste of judicial resources and sends a message that even if the company provides information right there on the label the individual is not responsible for reading the damn thing.

    The commercial says its great for whole wheat toast and whole wheat waffles (generally thought to be "health foods") then goes on to mention its innocent ingredients. Such as, hazelnuts, skim milk, just a hint (lol) of cocoa. I think it forgot to mention a gallon of sugar. I still think all their ads are misleading.

    Just being on MFP on a regular basis makes us know a little more about health and nutrition than the average person. You have to see how the ad is misleading to the general population, not to more health conscience people.

    Still not untrue. If people can't work out the basics for themselves, we're pretty screwed. Just the fact that there's chocolate should lead people to question. But if they feed their kids chocolate cereal, I guess not. I hate advertising, that's why I don't watch television, doesn't mean people get a free pass to not be held to some level of personal responsibility.

    Exactly. That's why advertisers should be held to a level of personal responsibility as well. The point is that nutella should be advertised as a candy item or frosting basically. They need more of a duncan hines type of commercial, not a "lets get the kids together and make breakfast healthy" one.

    Corporations have to be held responsible for misleading ads because most people don't seem to put together the fact that all these large companies work for us. They're supposed to protect their consumer to a certain extent because that is who makes them money. Even the people at nutella knew they were wrong, that's why they settled.

    Just because a company settles doesn't mean they're admitting to wrongdoing. Here the judge decided Nutella was in the wrong, they had to pay a settlement.
    That's not how it works. You're right that settling is not an admission of wrongdoing (and that's usually in the terms of the settlement). But settling is a way of avoiding having a judge decide, not a result of it. A judge will have to approve the settlement, but the company is not being forced to do it in the first place. They could go to trial if they wanted to.
  • femmi1120
    femmi1120 Posts: 473 Member
    The problem for me is that they are actively trying to insinuate that Nutella is a healthy part of the diet rather than a sometimes food or an indulgence.

    Some quotes from their website:

    How can Nutella® help moms at breakfast time?

    It can be difficult to persuade children to eat breakfast. When used in moderation with complementary foods, Nutella® is a quick and easy tool to encourage kids to eat whole grains, such as whole wheat toast, English muffins, toaster waffles and bagels.

    What does Nutella® taste like?

    Nutella® has a unique taste. The blend of simple and wholesome ingredients – hazelnuts, sugar, skim milk and a hint of cocoa – combined with its creamy texture spread on whatever bread you choose, will delight your taste buds with each bite.

    And then a whole section with Tips for Moms:

    Breakfast is often considered to be the most important meal of the day.

    However, as parents know all too well, feeding our children a balanced breakfast can be a challenge. Moms and dads can use all the help they can get.

    Thankfully, Nutella® hazelnut spread is a quick, easy and tasty way to start the day. Through careful planning, breakfast can be a meal that families look forward to instead of a stressful and challenging experience.

    Below are some helpful tips on how to make breakfast more enjoyable for you and your family:

    Get up, and eat! Get the kids up earlier on weekdays to ensure the entire family has time to sit and enjoy the meal together.
    Be a role model. Parents who eat a balanced morning meal benefit, too, and also set a good example for their children.
    Variety is key. Children need a balance of nutrients and tasty goodness, and parents need a breakfast solution that is quick and convenient! Be sure to include sources of whole grains, protein, fat and nutrient-boosting fruits or vegetables as part of the breakfast plan.
    Make breakfast a family affair. Enlist your child in making breakfast happen. Getting your kids involved can both save time and provide a fun learning experience. Let them help in setting the table, pouring juice, cutting fruit, and cleaning up. Make breakfast fun by planning with your child and making it together.
    Be prepared - Some days may be more hectic than others, so keep your kitchen stocked with plenty of "grab-and-go" breakfast food combinations such as a yogurt, 100% juice box and a whole grain English muffin with delicious Nutella® hazelnut spread. That way, even on the most rushed days, you can send your child out the door with an easy balanced breakfast.

    Afterall, the "best" breakfast is the one that will be eaten!

    But keep in mind, 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!

    I'm going to go ahead and summarize this.

    -Nutella encourages kids to eat breakfast
    -WHEN USED IN MODERATION, Nutella can complement healthy foods like who grains, and therefore, encourage kids to eat them
    -It is QUICK, EASY, and TASTY

    STILL not seeing the problem. Nowhere on there does it make any claims that Nutella itself is healthy, only that it can improve the taste of healthy foods to encourage kids to eat them.
  • Misiaxcore
    Misiaxcore Posts: 659 Member
    Well, you could see this one coming a mile away. Someone sued the company that makes Nutella, claiming that the company's advertising misled her into thinking the stuff was "healthy." Really? :noway:

    Anyway, the company just settled the case for $3.5 million. You can read about it here: http://finance.yahoo.com/blogs/the-exchange/today-food-finance-nutella-not-broccoli-162956191.html

    Companies often settle things like this out of court to avoid the legal expenses and bad press the suit would generate. Granted, this is plain stupid. About as stupid as the woman who successfully sued McDonald's many years ago because her hot coffee was to hot (when she pulled from the drive thru and dumped it on her lap). That suit is why every disposable coffee cup in the US has some form of "warning, hot coffee is HOT" on it.

    If you saw pictures of that women's injuries, I don't think you'd say her case was stupid.

    but what did she expect??? You have got to take some responsibility for your actions and buying hot coffee and not expecting it to be hot is silly. Eating tubs of nutella and getting fat and then blaming nutella is silly. People are too quick to blame others and need to accept responsibility. Especially if kids are involved (like said Nutella case).

    Clearly you never bothered to look further into the case. McDonald's was serving their coffee at unacceptably high temperatures and have had plenty of complaints about it beforehand. She was the first to make "headlines" about it.

    Spilling a hot beverage on yourself, regardless of the circumstances surrounding it, should NOT result in third degree burns.
  • femmi1120
    femmi1120 Posts: 473 Member

    Not hating on any advertisers. I'm just pointing out that for just about any corporation they have to uphold a level of corporate responsibility. and protect their consumer, the person who pays them. If a large portion of their consumer base is feeling lied to, then they at least deserve a refund, which is the amount of money being awarded to each person claiming pretty much.

    Again, not seeing where the lying comes in. Saying Nutella can be a part of a healthy balanced breakfast is not the same thing as saying Nutella by itself is a healthy product. It is not the company's or the advertisers fault that people are choosing how they want to interpret that message in a way that satisfies their taste buds without the guilt.
  • veganbaum
    veganbaum Posts: 1,865 Member
    VeganBaum, the link in the original post has the commercial with the balanced breakfast, and the website quotes I provided also promote that. What I found more hilarious was that they list white bread as part of a balanced breakfast. On the website, they refer to it as containing wholesome ingredients. The first FAQ question is "What is it?" and it lists hazelnuts, cocoa, and skim milk ... but not the sugar. (They do mention the sugar later.)

    Ok, but the commercial and the site still point out that it shouldn't only be Nutella - have a banana, etc. On the site it says to Uuse Nutella in moderation, and lists how a balanced breakfast includes carbs, fats, etc. It's CHOCOLATE. That right there should be enough for even the least savvy consumer to say, "hmm, chocolate for breakfast can't be the healthiest thing." I think their website is just fine. The commercial, yeah, that one's a little more misleading than the other one, but I still don't see it as false advertising. I think commercials about milk are misleading. Unfortunately, people don't think for themselves. If they're going to keep paying big corporations money because they can't do a little critical thinking, it's their own fault, not the corporation's - especially in this day and age when you can go right to a website and find the information. We have the ability to think critically, we should exercise that ability instead of expecting that every advertisement has to list pros and cons - it's an advertisement to sell a product, of course they try to make it look good, that's what advertising is.
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    I'm going to go ahead and summarize this.

    -Nutella encourages kids to eat breakfast
    -WHEN USED IN MODERATION, Nutella can complement healthy foods like who grains, and therefore, encourage kids to eat them
    -It is QUICK, EASY, and TASTY

    STILL not seeing the problem. Nowhere on there does it make any claims that Nutella itself is healthy, only that it can improve the taste of healthy foods to encourage kids to eat them.

    It would be fine ... if not for choosing to tout it as a balanced breakfast choice and wholesome. If those words didn't matter, they wouldn't use them.
  • I feel like I'm in bizarro world in this thread, haha. Here's a whole forum full of posts exactly like the woman in the Nutella case might well have made, but people are acting like she's a complete moron. On the bright side, all the "if I were that judge/on that jury, I would have definitely sided with the company" type comments completely reassure me about my recent decision to switch from litigation/criminal to transactional/IP...

    I knew I sensed another lawyer. I'm surprised at the responses myself - people would rip this apart in any Torts class.

    Also, the allegations of "no personal responsibility" and there being "so many stupid lawsuits nowadays" are completely unfounded. Oy - stop honing in on and believing every media story about how everyone is out to make a quick buck. Lawsuits have dropped dramatically in recent years!
  • veganbaum
    veganbaum Posts: 1,865 Member
    The problem for me is that they are actively trying to insinuate that Nutella is a healthy part of the diet rather than a sometimes food or an indulgence.

    Some quotes from their website:

    How can Nutella® help moms at breakfast time?

    It can be difficult to persuade children to eat breakfast. When used in moderation with complementary foods, Nutella® is a quick and easy tool to encourage kids to eat whole grains, such as whole wheat toast, English muffins, toaster waffles and bagels.

    What does Nutella® taste like?

    Nutella® has a unique taste. The blend of simple and wholesome ingredients – hazelnuts, sugar, skim milk and a hint of cocoa – combined with its creamy texture spread on whatever bread you choose, will delight your taste buds with each bite.

    And then a whole section with Tips for Moms:

    Breakfast is often considered to be the most important meal of the day.

    However, as parents know all too well, feeding our children a balanced breakfast can be a challenge. Moms and dads can use all the help they can get.

    Thankfully, Nutella® hazelnut spread is a quick, easy and tasty way to start the day. Through careful planning, breakfast can be a meal that families look forward to instead of a stressful and challenging experience.

    Below are some helpful tips on how to make breakfast more enjoyable for you and your family:

    Get up, and eat! Get the kids up earlier on weekdays to ensure the entire family has time to sit and enjoy the meal together.
    Be a role model. Parents who eat a balanced morning meal benefit, too, and also set a good example for their children.
    Variety is key. Children need a balance of nutrients and tasty goodness, and parents need a breakfast solution that is quick and convenient! Be sure to include sources of whole grains, protein, fat and nutrient-boosting fruits or vegetables as part of the breakfast plan.
    Make breakfast a family affair. Enlist your child in making breakfast happen. Getting your kids involved can both save time and provide a fun learning experience. Let them help in setting the table, pouring juice, cutting fruit, and cleaning up. Make breakfast fun by planning with your child and making it together.
    Be prepared - Some days may be more hectic than others, so keep your kitchen stocked with plenty of "grab-and-go" breakfast food combinations such as a yogurt, 100% juice box and a whole grain English muffin with delicious Nutella® hazelnut spread. That way, even on the most rushed days, you can send your child out the door with an easy balanced breakfast.

    Afterall, the "best" breakfast is the one that will be eaten!

    But keep in mind, 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!

    I'm going to go ahead and summarize this.

    -Nutella encourages kids to eat breakfast
    -WHEN USED IN MODERATION, Nutella can complement healthy foods like who grains, and therefore, encourage kids to eat them
    -It is QUICK, EASY, and TASTY

    STILL not seeing the problem. Nowhere on there does it make any claims that Nutella itself is healthy, only that it can improve the taste of healthy foods to encourage kids to eat them.

    A voice of reason! The information is easily accessible to consumers on the label and easily accessible to most consumers on the site. If it wasn't it would be an entirely different story. We each have to accept some level of personal responsibility for understanding the choices we're making.
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    For the record, I don't really care about Nutella or this case in any strong way. I do care about companies not deliberately misleading customers on nutrition facts.

    I can't get away with saying nicotine is part of a balanced breakfast when eaten with a banana. It's not lying to say it would give you energy. Why can't I do that?
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    And why does Nutella use words like balanced (frequently) and wholesome if not to try to get people to think it's healthy?
  • veganbaum
    veganbaum Posts: 1,865 Member
    I feel like I'm in bizarro world in this thread, haha. Here's a whole forum full of posts exactly like the woman in the Nutella case might well have made, but people are acting like she's a complete moron. On the bright side, all the "if I were that judge/on that jury, I would have definitely sided with the company" type comments completely reassure me about my recent decision to switch from litigation/criminal to transactional/IP...

    I knew I sensed another lawyer. I'm surprised at the responses myself - people would rip this apart in any Torts class.

    Also, the allegations of "no personal responsibility" and there being "so many stupid lawsuits nowadays" are completely unfounded. Oy - stop honing in on and believing every media story about how everyone is out to make a quick buck. Lawsuits have dropped dramatically in recent years!

    I disagree to an extent. First, where's the tort? Maybe you're seeing it and I'm not, or maybe I'm misreading what you're saying. There *should* be a certain level of personal responsibility expected of people - a "reasonable person" standard in everyday life if you will, which unfortunately isn't necessarily always the average person these days. And I personally think this is a frivolous lawsuit and a violation of ethical rules. But I guess my ethical standards are different from the lawyers who took this on. (**Disclaimer - this is only my personal opinion, lol).
  • victoria4321
    victoria4321 Posts: 1,719 Member

    Not hating on any advertisers. I'm just pointing out that for just about any corporation they have to uphold a level of corporate responsibility. and protect their consumer, the person who pays them. If a large portion of their consumer base is feeling lied to, then they at least deserve a refund, which is the amount of money being awarded to each person claiming pretty much.

    Again, not seeing where the lying comes in. Saying Nutella can be a part of a healthy balanced breakfast is not the same thing as saying Nutella by itself is a healthy product. It is not the company's or the advertisers fault that people are choosing how they want to interpret that message in a way that satisfies their taste buds without the guilt.

    It's not an outright lie, its the dishonesty that is misleading.

    An unrelated example is lets say your significant other cheats on you but never tells you. Technically they never lied to you, but you wouldn't be upset at the dishonesty? Usually omission the total truth is taken as a lie even though it isn't the text book definition of what a lie is.

    The big problem is that in most developed counties its hard enough to deal with child hood obesity, the last thing that is needed is an ad recommending parents add frosting as part of their kids healthy breakfast. Its misleading because candy type items have no place in a healthy balanced breakfast, its a treat.

    If nutella makers said its a fun treat for kids, then they wouldn't have a problem. Its that they made it seem healthy.