Nutella Labeling Challenge Survives Dismissal

A putative class suit challenging Ferrero U.S.A.'s advertising of Nutella hazelnut spread as healthy for children even though it contains high levels of fat and sugar survived dismissal Aug. 29. A federal court in California said the plaintiffs’ allegations of reliance were sufficient for standing to pursue their claims under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. The plaintiffs asserted that throughout the 10-year class period, Ferrero engaged in a long-term advertising campaign that employed various forms of media to convey the misleading message that Nutella is healthy and nutritious. These allegations satisfy the pleading ...