Nutella False Advertising Suit Survives Dismissal Bid

Law360, New York (August 30, 2011, 2:03 PM EDT) -- A California federal judge refused Monday to dismiss a proposed class action accusing Ferrero USA Inc. of promoting its spread Nutella as a healthy breakfast for children even though it contains high levels of obesity-causing fat and processed sugar.

Consumers bringing the consolidated lawsuit provided sufficient examples alleging Ferrero had engaged in a long-term advertising campaign to misleadingly tout Nutella as healthful and nutritious, U.S. District Judge Marilyn L. Huff ruled, denying completely Ferrero's motion to dismiss an amended complaint.

The two actions that were eventually...
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