Most Claims In Nutella Suit Survive Dismissal Bid

Law360, New York (July 1, 2011, 4:29 PM EDT) -- A California federal judge on Thursday largely upheld a putative consumer class action accusing Ferrero USA Inc. of falsely marketing its popular Nutella spread as healthy for children, cutting claims involving Internet marketing but letting others stand.

U.S. District Judge Marilyn Huff ruled that the plaintiffs failed to show they relied on misrepresentations found on Ferrero’s Nutella website, but said unfair competition, breach of warranty and other claims held water.

The suit is a consolidation of two cases in the Southern District of California, both of...
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