Does Your Broccoli Taste Like Chocolate?
The dim ones used to get picked off back in the Stone Age. Now they live on to sue.
A mother, Athena Hohenberg, who apparently thought chocolate hazelnut in a jar was the next best thing to spreadable broccoli has come out a winner in the class action suit she filed against Ferrero, the company that makes Nutella. Rebecca Stropoli blogs at The Exchange that Ferrero has settled:
Hohenberg, it seems, believed that Nutella was a great dietary choice for her four-year-old daughter. She claimed the company's advertising -- particularly giving TV-ad viewers the idea that Nutella was part of a nutritious breakfast (see ad below) -- led to her erroneous perception.But when she realized the spread is about as healthy as your average Snickers bar, she decided it was time to get even -- and get cash.
I hear a lot of commercials on TV for stuff I know to be unhealthy crap -- statins, carb-filled granola bars, breakfast cereal. It's buyer beware -- for me, at least. And frankly, because Nutella has fat in it, I'm guessing it probably sustains you longer than a bowl of Cheerios.
@walterolson
It can be -part- of a nutritious breakfast... a small amount, if the rest of your breakfast is nutritious.
I remember in 2nd grade we had a unit on not being fooled by advertising. They showed us that whenever some cereal like Frosted Flakes was "part of a nutritious breakfast", it showed a picture of a bowl of the cereal surrounded by foods generally considered to be nutritious*.
So there'd be the cereal, and a glass of milk, and some fruit, and a slice of whole-wheat bread, and an egg in the picture.
That way they could say, "We didn't say our cereal IS a nutritious breakfast, just that it could be part of one".
Nutella is the epitome of deliciousness.
* Whether or not they are actually nutritious is not the subject of this comment
NicoleK at April 28, 2012 3:43 AM
Our law schools are churning out twice as many lawyers as we need, and they've all got to eat. Think of this as a job program.
MarkD at April 28, 2012 5:03 AM
Ha! Nutella is one of my favorite foods that I've basically given up since lowering my carbohydrate intake...but when I have a special occasion, a day where I throw smart nutrition to the wind for a day - I definitely have some on a piece of very-bad-for-me bread. :) Makes a fun dessert-for-breakfast.
Jessica F. at April 28, 2012 5:23 AM
Typical, of course. The only people getting rich here are the lawyers. That's what it's really about.
a_random_guy at April 28, 2012 7:03 AM
I make my own "nutella" with hazelnuts, cocoa, stevia, and my Vitamix.
The problem with Nutella isn't the fat - it's the sugar. But that's what nutrition labels are for. Every bit of information this woman needed to determine whether to buy it or not was right there on the label.
I can only surmise that this woman's unhealthy eating habits have rendered her unable to read...past the dollar signs.
gharkness at April 28, 2012 7:12 AM
Yes, it's ridiculous, but this time someone has done something stupid and the outcome, is good for a change. Forcing unhealthy food peddlers to stop making false health claims is never a bad thing. Now, if only someone will suddenly realize that Carnation instant breakfast and Pop Tarts, to name a few of many, aren't,...OMG...the health food they thought they were.
The law suit wasn't trying to prevent production of the food (ala CSPI), it was just trying to stop false information. I say good for them.
Olga at April 28, 2012 7:31 AM
You can't fix stupid.
Dave B at April 28, 2012 8:53 AM
Except we all know the woman is lying. She never believed this. She simply saw a legal opportunity and took it. The company settled for purely mathematical reasons. This is part of the legal extortion racket that has done immeasurable harm to this country. Loser pays would be a big step forward in shutting down this bullshit.
Joe at April 28, 2012 11:01 AM
I am going to go buy a case of Nutella today, in support of Ferrero.
momof4 at April 28, 2012 12:22 PM
Olga, how were the makers of Nutella lying?
Also keep in mind in a civil trial evidence doenst count for crap, all that matters is how the jury is swung
lujlp at April 28, 2012 12:50 PM
Loser pays would be a big step forward in shutting down this bullshit. -- Joe at April 28, 2012 11:01 AM
No, it would be the equivalent of debtor's prison. You claim that your boss made multiple crude, rude and unwanted passes at you, no matter how much you say no. You have co-workers that have seen the activity. You file the lawsuit, by the time it gets to trial the witnesses are gone, intimidated, or otherwise occupied. You lose. You had a single attorney on contingency versus your bosses law firm at $100/hr and PI's and the rest.
Youn are now in debt to $100K because of legal machinations.
That is a chilling effect on justice.
Jim P. at April 28, 2012 1:29 PM
I swear I'm the only person on earth who doesn't like the stuff.
Elle at April 28, 2012 1:32 PM
Amy Alkon
http://www.advicegoddess.com/archives/2012/04/28/does_your_brocc.html#comment-3166673">comment from momof4I am going to go buy a case of Nutella today, in support of Ferrero.
momof4, you're the best.
Amy Alkon at April 28, 2012 6:45 PM
I've met other people who don't like it, Elle, but you're all wrong.
If I went out and bought some my husband would be very happy. It's like his favorite food. On white bread no less.
NicoleK at April 29, 2012 2:05 AM
Hohenberg, it seems, believed that Nutella was a great dietary choice for her four-year-old daughter.
I believed that a low-fat, low-calorie diet combined with exercise would cause me to lose weight.
Who can I sue?
Sosij at April 29, 2012 2:54 PM
I freaking LOVE Nutella, but I know it is definitely not a healthy food. Know why? I CAN READ, and I was taught critical thinking skills, which apparently are two things very few people can do anymore.
Not only should the judge have thrown this case out as a waste of time, he should have fined the idiot lawyer who brought it to him.
Stupid hurts. Problem is, it hurts the wrong people.
Daghain at April 29, 2012 7:29 PM
My husband fell for this too -- he brought it home one day and I ask him what was he thinking?!? He says it's made from nuts, it's supposed to be healthy . . . um, label, read, now. Ah yes, it IS made from nuts . . . and SUGAR. That said, that jar was sure yummy!!!
Lynn at April 30, 2012 8:35 AM
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