I hear on the radio that there was some kind of class action law suit and that anyone who ate Nutella could collect money from the company because they put too much fat in there. Can I sue the company also to collect money? I've been feeding the stuff to my kids for years.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Class Action
For those who do not know, a class action is law suit, authorized by federal law (Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. § 1332(d)), in which a group of similarly situated plaintiffs sue one or more defendants. So, for example, a group of consumers from different states who have suffered similar injuries may join to sue the business or person who caused those injuries and attempt to collect damages.
The class action you mention was filed by a group of consumers who purchased Nutella in all states except California (CA citizens had a separate suit) between January 1, 2008 through February 3, 2012. The plaintiffs claimed that company that makes Nutella (Ferrero U.S.A., Inc.) caused injury through deceptive and untrue advertising in which the company claimed the product was healthy. In fact, Nutella is apparently high in fat and sugar.
As in most class action law suits, however, the actual plaintiffs will not collect large amounts of damage. In this case, consumer who purchased the product during the relevant period can file a claim, using the form linked to below, and receive $4 for every jar they purchased, up to a $20 limit. So, don't quit your job. The good news is, in my opinion, the damages complained of are fairly harmless. Unless you and your family have been eating the product by the boatload, a bit of fat and sugar isn't going to hurt you. Thanks for the question.
Nutella class action
You can find more information and claim forms for the Nutella Class Action lawsuit here.