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: FindLaw's Common LawMom Sues Nutella for Being 'Next Best Thing to a Candy Bar'
Some would say that Nutella is Italy's greatest contribution to history. Some would just call it what it is: an addiction. Embracing the confection's properties, Nutella lovers have been taking spoon to jar every time they need that sugary fix. The stuff can only be considered sinful.
One mom, apparently, did not get the memo, and has instead been feeding her four-year-old child Nutella for breakfast.
Believing advertisements stating that Nutella is a "healthy breakfast" and "nutritious," Athena Hohenberg of San Diego began purchasing the sugary concoction for her child. Upon finding out that Nutella contains an alarming amount of fat and sugar, reports the ABA Journal, the mom called a lawyer.
The Nutella lawsuit alleges a variety of misdeeds, almost all of which surround the claim that Ferrero USA, the spread's manufacturer, engaged in false advertising. Under federal and state law, it's illegal to place false or misleading statements on a product label. The lawsuit appears to base this claim on the presence of a tiny website URL on the label.
Though most people probably have never noticed the URL, the Nutella lawsuit alleges another claim: the content of that website and Nutella's other advertising is misleading unto itself. Advertisements often show mothers feeding their children bread slathered with Nutella. However, these advertisements also say that the spread is part of a balanced breakfast and show fruit, milk, orange juice and other healthier options.
While the allegations may seem weak, one can't help but consider the strangest thing about the Nutella lawsuit--the complaint states that the plaintiff only learned of the health risks from a friend. Seriously, doesn't anyone read nutrition labels anymore?
Related Resources:
- Nutella Lawsuit Complaint (PDF)
- Nutella faces lawsuit over ?healthy? claims (The Globe & Mail)
- World Nutella Day - February 5, 2011 (Nutellalady)
Full post as published by FindLaw's Common Law on February 03, 2011 (boomark / email).
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