LOS ANGELES (CBS) — The makers of Nutella have agreed to pay out $3.05 million to settle a lawsuit from a San Diego mother who says she was duped into believing the chocolate-hazelnut spread was good for her child.
Ferrero USA will pay out $3.05 million, with $2.5 million to be divided among consumers who file a claim, agreeing they purchased Nutella between Jan. 1, 2008 and Feb. 3, 2012. For Californians, anyone who purchased the product between Aug. 1, 2009 and Jan. 23, 2012 can file a claim.
Claimants can expect $4 for a single purchase and claim they bought up to five jars, for a maximum award of $20 per household. Claims must be postmarked or submitted by July 5.
Athena Hohenberg of San Diego proposed the class-action suit against Ferrero, stating she fed her 4-year-old daughter Nutella after seeing advertisements suggesting the spread could be part of a healthy breakfast.
Nutella contains 21 grams of sugar, 200 calories and 11 grams of fat – 3.5 of which are saturated — per serving. Put another way, Nutella is 30 percent palm oil and 55 percent sugar by weight, Hohenberg’s attorney, Ron Marren told KNX 1070.
“Nutella was in fact not a ‘healthy’ ‘nutritious’ food but was instead was the next best thing to a candy bar,” Hohenberg said in the complaint.
Ferrero has also agreed to change its marketing campaign, modify the Nutella label to state fat and sugar content on the front of the jar, create new television ads and change the company website.