YOU SHOULD READ THE NOTICE OF CLASS ACTION SETTLEMENT FOR MORE DETAILS.
1. How do I know if I am part of one of the Nutella Consumer Class Action Settlements?
The Nutella Consumer Class Action Settlements include the Nationwide Settlement and the California Settlement.
You are part of the Nationwide Settlement if you purchased Nutella in any state other than California, at any time from January 1, 2008 through February 3, 2012.
You are part of the California Settlement if you purchased Nutella in California at any time from August 1, 2009 through January 23, 2012.
2. Why are there two Settlements?
There are two Settlements because two separate class actions were filed and litigated in two different courts. Each Settlement must be approved by the respective Court.
3. What is the difference between the two Settlements?
There are different relevant time periods and different Settlement amounts:
The Nationwide Settlement includes all persons who purchased Nutella throughout the United States in any state other than California at any time from January 1, 2008 through February 3, 2012 and has been settled for $2.5 million.
The California Settlement includes only persons who purchased Nutella in California at any time from August 1, 2009 through January 23. 2012 and has been settled for $550,000.
In addition, as part of both Settlements Ferrero U.S.A., Inc. (“Ferrero”) has agreed to modify labeling of Nutella and certain marketing statements, create new television advertisements and modify the Nutella website.
4. Are the lawsuits about the same thing?
Yes. Both lawsuits allege that Defendant Ferrero made representations through its marketing and advertising of Nutella brand hazelnut spread, improperly suggesting that Nutella is healthier than it actually is.
Ferrero denies the allegations and stands by its products and advertising.
5. How do I get a payment?
The claims deadline has passed.
6. How much will my payment be?
Class Members can receive up to $4.00 per jar of Nutella that they purchased during the relevant time period. Class Members who purchased multiple jars of Nutella during the relevant time period can submit a claim for up to five jars for a maximum award of $20.00 per household.
In the event the total claims filed exceed the amount of the settlement funds available, each claim will be reduced on a pro rata basis.
7. Can I get out of the Settlements?
Yes. You can exclude yourself from the Settlement in which you are a Class Member by sending a letter requesting to be excluded to the Claims Administrator. Your request must be postmarked no later than June 8, 2012. Refer to the Notice on the link on the left of the homepage for additional details.
8. What if I don’t like the Settlements?
If you do not exclude yourself from the Settlement in which you are a Class Member, 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 on the link on the left of the homepage for additional details.
9. What if I do nothing?
If you do nothing, you will not receive any payment. If the Court approves the 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.
10. Who is representing me? Should I get my own attorney?
If you are in the Nationwide Class, you are represented by Scott+Scott LLP, New York, NY and Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., Roseland, NJ (“Class Counsel”);
If you are in the California Class, you are represented by The Law Offices of Ronald A. Marron and the Weston Firm, San Diego, CA (“Class Counsel”).
Class Counsel will represent all Class Members in these lawsuits, but you have the right to hire your own attorney, at your own expense, if you wish to object to a Settlement and wish to be heard at a Fairness Hearing where the respective Court will hear argument in support of approval of the respective Settlement.
11. How will the attorneys be paid?
Class Counsel will apply to the respective Court for an award of attorneys’ fees and costs to be deducted from the Cash Settlement Amount for the respective Settlement.
12. When will the Court approve the Settlements?
In the Nationwide Settlement, a Fairness Hearing will be held on July 9, 2012 at 10:00 a.m. at Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, New Jersey;
In the California Settlement, a Fairness Hearing will be held on July 9, 2012 at 10:30 a.m. in Courtroom 13 at the Federal Courthouse located at 880 Front Street, San Diego, California.