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Welcome to the Nutella Consumer Class Action Settlements Website

***IMPORTANT UPDATE***

Appeals have been filed by objectors in both the Nationwide and California cases.  Both appeals are related to the Final Approval Order and Judgment in the respective cases.  Final distribution of the net Settlement Fund cannot be made unless and until the Final Orders and Judgments are affirmed and all appeals resolved. 

This website has been established pursuant to two Settlements that were entered into between consumers and Ferrero U.S.A., Inc., the manufacturer of Nutella. 

IF YOU PURCHASED NUTELLA IN CALIFORNIA BETWEEN AUGUST 1, 2009 AND JANUARY 23, 2012, OR IN ANY OTHER STATE BETWEEN JANUARY 1, 2008 AND FEBRUARY 3, 2012, YOU MAY BE ELIGIBLE TO RECEIVE A PAYMENT FROM A PROPOSED CLASS ACTION SETTLEMENT.

Please read the materials on this website, including the class action notices carefully as they describe Class Action Settlements that may affect your rights.

IMPORTANT DATES & DEADLINES:

Submit A Claim Form:

The claims deadline has passed. 

Request Exclusion:

Postmarked no later than June 8, 2012

Make Objections:

Filed/Delivered no later than June 8, 2012

Fairness Hearings:

New Jersey Court (for the Nationwide Class)
July 9, 2012 at 10:00 a.m.
California Court (for the California Class)
July 9, 2012 at 10:30 a.m.

 Case Name and Number 

 Court and Address

 Purchase Location 

 Time Period

 In re Ferrero Litigation,
 No. 11-CV-205 H

 U.S. District Court for the 
 Southern District of California   
 940 Front Street
 San Diego, CA 92101-8900

  California

 August 1, 2009  
 through
 January 23, 2012

 In re Nutella Marketing and
 Sales Practices Litigation
,
 No. 3:11-cv-01086

 U.S. District Court for the
 District of New Jersey
 402 East State Street
 Room 2020
 Trenton, NJ 08608

 Any state other
 than California

 January 1, 2008  
 through
 February 3, 2012

Settlements have been reached in two class action lawsuits against Ferrero U.S.A., Inc. (“Ferrero”) regarding its labeling, advertising and marketing of the Nutella brand hazelnut spread. The Settlements provide Class Members who do not opt out the opportunity to receive monetary relief as well as prospective relief in the form of corrective labeling, advertising and marketing. The lawsuit claims that Ferrero made statements suggesting that Nutella is healthier than it actually is.

Who is included in the Settlements? 
Included in the Settlements are: 
    •       Anyone who purchased Nutella in any state other than California, between January 1, 2008 and 
            February 3, 2012 (“Nationwide Class”), and 
    •      Anyone who purchased Nutella in California between August 1, 2009 and January 23, 2012 
           ("California Class”).
IF YOU PURCHASED NUTELLA FOR RESALE OR DISTRIBUTION, YOU ARE NOT INCLUDED IN THE CLASSES.

What Do the Settlements Provide?
The Nationwide Class provides for a settlement fund of $2,500,000 and the California Class provides for a settlement fund of $550,000 for a total of $3,050,000. Class Members can receive up to $4 per jar of Nutella that they purchased during the time periods listed above. Class Members who purchased multiple jars of Nutella during the time periods can submit a claim for up to five jars for a maximum award of $20 per household. If the value of the claims of the Nationwide Class exceeds $2,500,000, or the value of the claims of the California Class exceeds $550,000, then payments will be reduced proportionally.

In addition, Ferrero also has agreed to prospective relief by agreeing to modify the Nutella label, modify certain marketing statements about Nutella, create new television ads, and change the Nutella website. More details can be found in the Settlement Agreements at the "Court Documents" link on the left of this page.

How to Get a Payment?
The claims deadline has passed.

What are Your Options? 
Make a Claim
The claims deadline has passed.

Do Nothing
If you do nothing, your rights will be affected.  You will not receive any payment from either Settlement, you will not be able to sue Ferrero for any claim relating to these lawsuits, and your claims during the class period will be released and dismissed.

Request Exclusion
If you want to exclude yourself from either of the Settlements, you must send your Request for Exclusion from either the Nationwide Class or the California Class to the Claims Administrator postmarked no later than June 8, 2012. If you exclude yourself, your claims against Ferrero will not be released and you will not be eligible for any payment under the Settlements.

Object
If you do not exclude yourself from the Nationwide Class or the California Class, you may object to the Settlement. Your objection must be filed with the Court and served on all attorneys for your Class no later than June 8, 2012. Refer to the "Notice" link on the left for additional details.

A Fairness Hearing will be held for the Nationwide Class in the United States District Court for the District of New Jersey and a Fairness Hearing will be held for the California Class in the United States District Court for the Southern District of California. Both Fairness Hearings will take place on July 9, 2012 and the Courts will consider whether to approve each respective Settlement, requests for attorneys’ fees and expenses and Plaintiffs' incentive award. You may appear at the hearing, but you don’t have to.  If you choose to attend the hearing, you may do so in person or you may hire your own attorney, at your own expense, to appear or speak for you at the hearing. If you do choose to appear at the Fairness Hearing, you must file a Notice of Intention to Appear with the Court.

 

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