If you have purchased Nutella any time between January 1, 2008 and February 3, 2012 you could be entitled to benefits under a Nutella class action settlement.
Class settlements have been reached in two class action lawsuits against Ferrero U.S.A. (“Ferrero” or “Defendant”) in the United States District Court for the District of New Jersey (styled In re Nutella Marketing and Sales Practices Litigation, Class Action Case No. 3:11-cv-01086-FLW-DEA) and the United States District Court for the Southern District of California (styled In re Ferrero Litigation, No. 11-cv-205 H), alleging, among other things, that Ferrero made representations through its marketing and advertising of Nutella® brand hazelnut spread (“Nutella”), improperly suggesting that Nutella is healthier than it actually is, according to the Nutella class action settlement notices.
The Nutella class action settlement reportedly include anyone who purchased (other than for resale or distribution) Nutella in any state other than California between January 2008 and Feburary 3, 2012 (“Nationwide Class”) and anyone who purchased (other than for resale or distribution) Nutella in California between August 1, 2009 and January 23, 2012 (“California Class”).
Under the Nutella class action settlements, Nutella will provide a settlement fund of $2.5 million for the Nationwide class and a settlement fund of $550,000 for the California class. Under the settlement, Nutella has also reportedly agreed to modify the Nutella label, certain marketing statements, create new television advertisements and change the Nutella website.
To qualify for a payment of up to $4 per jar of Nutella purchased during the relevant time period, up to a maximum of five jars ($20) per household, Nutella class members must submit a claim form by July 5, 2012.
Final approval hearings are reportedly scheduled for July 9, 2012 for the courts to consider whether to grant final approval to each respective Nutella Class Action Settlement, requests for attorneys’ fees and expenses and Plaintiffs’ incentive award.
For more information about the Nutella class action settlement (including settlement class members’ rights, options and deadlines), visit the Nutella class action settlement website:
www.NutellaClassActionSettlement.com
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