Nutella Gets Spanked in Class-Action Suit

Misiaxcore

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

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, 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

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.

TootsieRolls

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

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

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

And why does Nutella use words like balanced (frequently) and wholesome if not to try to get people to think it's healthy?

veganbaum

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

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.

femmi1120

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 honestly haven't touched nutella since I realized that sugar was the number one ingredient. But I do have a younger sister, who enjoys her occasional nutella sandwiches in the morning. It also happens to be one of the few things that will get her to drink milk. So, at least in my house, the claims on the Nutella site are not completely unfounded. And I'd be willing to bet mine isn't the only one.

I am just so sick of people blaming the advertisers and the companies for "not telling the whole story." Advertising is a persuasive argument. When's the last time you gave the other side of the story when trying to persuade someone of something? Honestly.

FlaxMilk

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.

I'm surprised that you don't consider words like wholesome and direct statements that Nutella is part of a balanced breakfast to be a claim that Nutella is healthy. It even includes Nutella as part of a breakfast that is suitable for children. That's a pretty authoritative statement. That doesn't say, "Your kids will like it!" That says, "It's suitable (good for) your kids." That's why cigarettes can't say that they are suitable for kids. They aren't good for them.

FlaxMilk

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

That's a good summary of the bottom line.

TrishJimenez

Yea my husband LOVES the stuff, and when we got married and he moved in and asked me to buy some at the store when I got groceries I had to tell him that it has more sugar then Jelly! And Jelly is SUPER sweet. Now granted it is delicious. And the commercials are misleading then you just have to read the nutrition label.

femmi1120

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.

I'm surprised that you don't consider words like wholesome and direct statements that Nutella is part of a balanced breakfast to be a claim that Nutella is healthy. It even includes Nutella as part of a breakfast that is suitable for children. That's a pretty authoritative statement. That doesn't say, "Your kids will like it!" That says, "It's suitable (good for) your kids." That's why cigarettes can't say that they are suitable for kids. They aren't good for them.

You are still missing the point. Key words: PART OF a balanced breakfast. I don't see how it's any different than adding chocolate to milk to get kids to drink it in the morning. Anyone who has children in their household knows that it's not always easy to get them to eat the wholesome balanced foods without a bit of encouragement.

veganbaum

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.

I'm surprised that you don't consider words like wholesome and direct statements that Nutella is part of a balanced breakfast to be a claim that Nutella is healthy. It even includes Nutella as part of a breakfast that is suitable for children. That's a pretty authoritative statement. That doesn't say, "Your kids will like it!" That says, "It's suitable (good for) your kids." That's why cigarettes can't say that they are suitable for kids. They aren't good for them.

I would say that all processed foods aren't good for anyone, period. And if you're going to eat them they still won't be good for you, but at least only eat them in moderation. So are all processed food companies being misleading? Maybe in a sense, but not outright lying, and the information is readily available for those who want to find it. Suitable =/= "good for." While I think processed food isn't real food, I don't entirely blame companies. They are a huge part of the problem, obviously, but so are consumers who choose not to be informed.

veganbaum

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.

And in developed countries, with only a partial exception for those living in the lower socioeconomic class, we have access to the information we need to make informed decisions. Yes, corporations should be held to certain standards, that doesn't negate our personal responsibility.

FlaxMilk

You are still missing the point. Key words: PART OF a balanced breakfast. I don't see how it's any different than adding chocolate to milk to get kids to drink it in the morning. Anyone who has children in their household knows that it's not always easy to get them to eat the wholesome balanced foods without a bit of encouragement.

I'm not missing the key point. I don't consider Nutella to be a part of a balanced breakfast. I would have no problem with the advertising stating that it can be a fun treat to add to breakfast. I don't really have anything new to say so I'll probably just read from here.

Reeses Cups, part of a suitable breakfast for children!

Really?

FlaxMilk

Oops I do have one more thing to say in response to veganbaum--if the lawsuit stated that we don't have personal responsibility, the settlement award would have been MUCH greater. The settlement is a refund on a misrepresented product. It's not damages for health issues.

victoria4321

And in developed countries, with only a partial exception for those living in the lower socioeconomic class, we have access to the information we need to make informed decisions. Yes, corporations should be held to certain standards, that doesn't negate our personal responsibility.

...you do know that a lot of people live in a lower socioeconomic class, right? 3.5million is not a lot of money. The total US population is around 350 million. I'm way more than certain than the 3.5 million wouldn't even give a dollar to everyone from the lower socioeconomic class who were misled.