Judge Won't Move NJ Nutella Class Action To Calif.

Law360, New York (October 20, 2011, 8:31 PM EDT) -- A New Jersey federal judge on Thursday refused to dismiss or transfer to California a putative class action against Ferrero USA Inc. alleging it falsely marketed Nutella as healthy, rejecting an argument by California-based intervenors that two similar suits were pending there.

U.S. District Judge Freda L. Wolfson threw out a motion to intervene filed by the named plaintiffs in the California suits, denying their first-filed argument because the suits were "not truly duplicative."

"In the absence of a certified class in any of the pending...
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