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Preliminary Settlements Reached in Nutella Consumer Fraud Class Actions


This is a settlement for the lawsuit.

San Francisco, CA: Settlements have been reached in two consumer fraud 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.

How to Get a Payment?
You MUST submit a Claim Form either electronically or via U.S. Mail to get a payment. The deadline to submit a Claim Form is July 5, 2012. You can submit a Claim Form online by clicking on the "File a Claim"link on the left or you can submit a Claim Form by U.S. Mail. To submit a Claim Form by U.S. Mail click on the "Download a Claim Form" link on the left and follow the instructions on the form.

What are Your Options?
Make a Claim

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 in July, 2012.

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Published on Apr-11-12


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