The complaint of a mother against the American manufacturer of Nutella could lead to mass action. At issue: allegations "Balanced" and "good health". Milk and nuts are far from being the main ingredients of Nutella. The spread contains mostly saturated fat and sugar. Everyone knows? An American woman, shocked to discover that the batter spreads to home Ferrero is a real calorie bomb, has filed a complaint with the California federal court against the Italian chocolate. This mother asks ban on labels with the words "Good for health," "Balanced," "Helping mothers to feed their children whole grain" or "An example of balanced breakfast and delicious."
"The complainant does not attack Nutella for its composition, but for what the advertising suggests, decrypts the lawyer Stephane Drai, of Drai international law firm. To rectify this, she claims that Ferrero inform the public of the presence of "a dangerous amount of saturated fat" in launching a new ad campaign more transparent. The mother, who is seeking damages, sought a class action. This procedure - not in France - invites other consumers to join the complaint. Hence the caution almost mute the Italian giant, who take no action. "Ferrero's interest to negotiate rather than risk making a case law and thus risking being attacked in all other states of the United States and Europe," said the lawyer.
A rumor interdection in the EU
In France - land of choice then France is the world's largest consumer of Nutella - Ferrero tied a communication malignant but, a priori, unassailable: the label indicates that one can find "all the fun of a balanced snack with a slice of bread and Nutella, a yogurt and a glass of orange juice! "A lawsuit seems even more inconceivable that" in France, unlike the U.S., the damage must be certain and proved to be admissible. Here, we consider that the consumer must be a good father and be able to read the label, "says the lawyer. Ferrero France contacted by us did not wish to speak. But the firm stressed yesterday in a statement that "Nutella is a delicious product, consisting mainly of sugar and fat. It may still fit within a breakfast or snack balanced. " This summer, a rumor suggested that the EU wanted to ban the Nutella in the fight against obesity. In reality, only MEPs adopted a legislative proposal to toughen the rules for nutrition labeling.