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Nutella loses $3.5million lawsuit - Page 9

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FabledIntegral
Profile Blog Joined November 2008
United States9232 Posts
Last Edited: 2012-04-28 01:10:52
April 28 2012 01:08 GMT
#161
I've never had it, but I've been told it was healthy.

EDIT:

Also from reading the article, she does not get $3.5 million. She gets like $1 million. $2.5 million is for the class-action lawsuit.
SuperYo1000
Profile Joined July 2008
United States880 Posts
April 28 2012 01:09 GMT
#162
I think the real concern should be that this woman is taking care of children cuz obviously she isnt too bright at all
Bigtony
Profile Blog Joined June 2011
United States1606 Posts
April 28 2012 01:09 GMT
#163
On April 28 2012 09:59 eFonSG wrote:
Show nested quote +
On April 28 2012 09:35 Marti wrote:
On April 28 2012 09:27 semantics wrote:
msleading people is to get more money is morally wrong in my book, just to crack down on flat out lies although easy to point out isn't following the spirit of such laws. Misleading people isn't always about explicit things.

If i put on a job application i went to say Berkley and dance around graduating, it's strongly implied that i went to UC Berkeley and hold a degree from there, that would still be considers lieing on your job application would it not? Just because you don't flat out say something and let other people do the work doesn't mean you haven't done something wrong. A lie of omission is still a lie.

THIS
On April 28 2012 09:27 xDaunt wrote:
Everyone thinks that lawsuits are abusive until they get fucked over by someone and realize that they need a lawyer to set things right. There is a reason why the system exists.

THIS
On April 28 2012 09:27 Talin wrote:
And by the way, being charged only $3.5 million for advertising an unhealthy product as healthy is a joke.

And finally this :
On April 28 2012 09:27 MilesTeg wrote:
What's sad is people's reactions here. We got so used to bullshit marketing that we expect companies to get away with anything. I'm sorry, if your product is a fat greasy chocolate paste (which I absolutely love by the way, I eat it with a spoon), you shouldn't be allowed to advertise it as something healthy. If this sort of lawsuit punishes blatant marketing lies then it's a good thing.


And please, for god's sake people stop it with the " lol only in america " every half decent country has laws against this and thank god they do, because without those nothing stops big companies from manipulating you. Which they already do for the most part.

Yes the average person knows nutella isn't healthy. But a big company shouldn't be allowed to trick you or your subconcious into thinking it is. If you got told 100 times a day " nutella is healthy " you'd end up believing it.


Edit : it's amazing how people just show up and comment without even reading what other posters have said, or sometimes without even reading the op. The youtube video alone must have been posted three times already.



But its based off a random persons inference of what happened in the commercial. The commercial didnt say "Nutella is healthy, eat it". The ingredients are on the back on the container, sure there should be laws to prevent false advertising and holding big companies accountable. BUT there also should be protection for the companies from lawsuits like this one. The ingredients are clearly marked on the container, it should be the consumers responsibility to read the ingredients, especially without a real false advertisement.


I pray to God you don't actually believe what you just typed. They made a clearly FALSE claim. Really there's no way around that.
Push 2 Harder
lolspoon
Profile Joined March 2012
450 Posts
April 28 2012 01:09 GMT
#164
On April 28 2012 09:26 liberal wrote:
Chalk up another win for the morons of society.

Show nested quote +
On April 28 2012 09:16 lolspoon wrote:
USA never stops surprise me


Get the fuck out of here, please.


lol u mad sir? Sorry but every lawsuit like this comes from USA

User was warned for this post
NERD THATS TEH WAY WE LIEV
Roe
Profile Blog Joined June 2010
Canada6002 Posts
April 28 2012 01:09 GMT
#165
On April 28 2012 10:04 Mr. Black wrote:


This version of the commercial very clearly claims nutella is healthy. It is just as deceptive as a bait and switch.

Still doesn't say nutella is healthy. Watch the video again, it says "a delicious hazelnut spread that i use to get my kids to eat healthy foods". Are you prepared to tell me that that means nutella is healthy? Or do you realize that the woman means she's using it to get her kids to eat foods that are healthy?
MooMooMugi
Profile Blog Joined January 2011
United States10531 Posts
April 28 2012 01:13 GMT
#166
If her children get diabetes then I'd say it wouldn't been worth it
|LoL & SC2 IGN both my username| Just livin' the baylife| Hearthstone ID: MooMooMugi#1544| Dank Memer since 2011
Atheist
Profile Joined December 2011
186 Posts
April 28 2012 01:13 GMT
#167
On April 28 2012 08:38 rotinegg wrote:
http://finance.yahoo.com/blogs/the-exchange/today-food-finance-nutella-not-broccoli-162956191.html

So basically, Ferrero, the company that makes Nutella, got sued by some woman named Athena Hohenberg, because she was an idiot and thought Nutella would be HEALTHY for her children. Turns out, it's not (surprise surprise) and she filed a lawsuit claiming false advertising. She won the case, and Ferrero has to shell out $3.5 million, 2.5 of which will be spread out to claimants in a class action lawsuit.

I think this is retarded, and sometimes I really hate the people we live with. Thoughts?

Is there a source other than yahoo which elaborates how her lawyers won her the case? I mean this is a international corporate entity she is up against, and how she manages to win must be stuff legal legend in the years to come.
askTeivospy
Profile Blog Joined March 2011
1525 Posts
April 28 2012 01:14 GMT
#168
you guys are just as deluded as the woman who filed the suit if you think that nutella isn't trying to link "healthy food" with nutella
hihihi
Bigtony
Profile Blog Joined June 2011
United States1606 Posts
April 28 2012 01:15 GMT
#169
...your logic is undeniable sir. They never say "nutella is healthy" outright. Just like tobacco commercials don't say "smoking will make you way cool bro" and liquor commercials don't say "drink this so you can be cool and awesome like the people in this commercial."

Are you prepared to tell me that is not the clear implication of these commercials?
Push 2 Harder
jobber123rd
Profile Joined December 2011
United States501 Posts
April 28 2012 01:16 GMT
#170
On April 28 2012 10:13 Atheist wrote:
Show nested quote +
On April 28 2012 08:38 rotinegg wrote:
http://finance.yahoo.com/blogs/the-exchange/today-food-finance-nutella-not-broccoli-162956191.html

So basically, Ferrero, the company that makes Nutella, got sued by some woman named Athena Hohenberg, because she was an idiot and thought Nutella would be HEALTHY for her children. Turns out, it's not (surprise surprise) and she filed a lawsuit claiming false advertising. She won the case, and Ferrero has to shell out $3.5 million, 2.5 of which will be spread out to claimants in a class action lawsuit.

I think this is retarded, and sometimes I really hate the people we live with. Thoughts?

Is there a source other than yahoo which elaborates how her lawyers won her the case? I mean this is a international corporate entity she is up against, and how she manages to win must be stuff legal legend in the years to come.


The article itself states that it was a settlement.
"I'm always going to survive. Only reason I can't survive is if I'm dead or something." --Mike Tyson
screamingpalm
Profile Joined October 2011
United States1527 Posts
April 28 2012 01:16 GMT
#171
Good for her! It's about god damn time capitalism is held responsible for the monster it creates with deceptive advertising. I've seen Nutella commercials with their "healthy" claims before.

Also, good on the posters calling out the ignorance over the McDonalds coffee case (a poster child for tort reform). Refreshing to see people are actually informed about that.
MMT University is coming! http://www.mmtuniversity.org/
Trotske
Profile Joined August 2010
410 Posts
April 28 2012 01:17 GMT
#172
This reminds me of the McDonald's coffee incident where it was shown as if McDonald's was the victim of a frivolous lawsuit when the fact of the matter is the woman who split the coffee had to get skin grafts because it was so hot and then McDonald's wouldn't pay for all the medical bills, but a lot of people only heard about how much money they got from it.
RusHXceL
Profile Joined August 2010
United States1004 Posts
April 28 2012 01:17 GMT
#173
Nutella and KFC should be buddies hahaha
ObliviousNA
Profile Joined March 2011
United States535 Posts
April 28 2012 01:20 GMT
#174
America can have VERY sillly lawsuits. This is not one of them.

Sure, it sounds bad when she says stuff like " I thought it would make my kids healthy, but it didn't! " (not actual quote, just general impression), but in the American justice system, there always needs to be a victim/injured party. Without that, the lawsuit cannot legally take place.

I'll give her the benefit of the doubt in this case because I HATE false advertising and this "part of a balanced breakfast" bs. Are there worse offenders in corporate America? Sure. Should another company have been sued instead? Yeah probably. At this point, I'm just glad SOMEONE got a slap on the wrist so other companies think before they publish these commercials.
Theory is when you know everything but nothing works. Practice is when everything works but no one knows why. In our lab, theory and practice are combined: nothing works and no one knows why.
Artrey
Profile Joined March 2010
Germany270 Posts
Last Edited: 2012-04-28 01:21:58
April 28 2012 01:20 GMT
#175
While it sounds silly at first, I can understand it.

Ferrero has a long history of aggressive / misleading advertising in Germany.. Often implying it would be healthy for children. I wonder for years, that they get away with it. They advertise all their Kinder Chocolate products like that. The worst is "Kinder Country" - "the best of cereals and milk" with beautiful nature pictures with lots of green, grain fields in the wind and big bottles of milk.


"Kinder Country - Milk cream, 5 worthy cerals and fine chocolate".

DavidHolmes
Profile Joined April 2012
United States22 Posts
Last Edited: 2012-04-28 03:58:33
April 28 2012 01:22 GMT
#176
I hate to make my first post on TL for something as silly as this, but the state of this thread is agonizingly bad. Half of the posts completely misunderstand and/or misrepresent this story, and most of the rest are just taking for granted that they're correct. Around 5% of the posts are pointing out reality, and most people are ignoring them.

This woman did not win $3.5 million from Nutella. In fact, that $3.5 million number is probably an outright error; every source except the one the OP links seems to say it was $3.05 million.

She also did not win $2.5 million. She did not win $1 million. She probably didn't even win enough to pay the gas money she would have needed to fight this case, nor did anybody else she got $2000. Nobody won millions of dollars, or even noteworthy amounts of money except the lawyers, who probably recieved $0.55 million. The rest of the money goes in tiny amounts to anybody who bought a jar of Nutella.

This is a CLASS ACTION LAWSUIT, which means that Nutella was accused of misrepresenting their product to a very large number of people and therefore that very large number of people is entitled to very small damages reflecting that. All anybody won was an amount of money not even in the ballpark of what they paid for the product, because that's basically what this was about: people being entitled to their money back. Which they're not really getting: the settlement is apparently up to $4 if you bought five jars of Nutella, so 80 cents per jar at best $4 per jar of Nutella, up to $20 for five (sorry about the original error).

I'm not going to say the settlement was right. If nothing else, the fact that so much of the money goes to lawyers suggests to me that it's wrong.

But it's absurd to suggest that this woman did anything out of greed, because there's no way she, or the other claimants, or anybody except the people on the internet misrepresenting this case would ever make any money worth mentioning. The only people making money are the lawyers. Which may be wrong, but it's not the situation everybody here is claiming it is.

See also: http://www.huffingtonpost.com/2012/04/26/nutella-lawsuit_n_1457183.html?ref=food

EDIT:
The real deal: https://nutellaclassactionsettlement.com/Home.aspx

Sorry about the errors. I actually don't know how much the lawyers got, and it looks like that whole $3 million number goes to claimants. The basic gist was correct, though - sueing Nutella was not a "get rich quick" scheme for anybody.

EDIT 2: She probably actually got $2000 as an incentive fee, according to this document which is linked at that official settlement site. And the lawyers got a lot.
megapants
Profile Blog Joined December 2009
United States1314 Posts
April 28 2012 01:27 GMT
#177
On April 28 2012 10:09 Roe wrote:
Show nested quote +
On April 28 2012 10:04 Mr. Black wrote:
http://www.youtube.com/watch?v=3CqU7gQNTog

This version of the commercial very clearly claims nutella is healthy. It is just as deceptive as a bait and switch.

Still doesn't say nutella is healthy. Watch the video again, it says "a delicious hazelnut spread that i use to get my kids to eat healthy foods". Are you prepared to tell me that that means nutella is healthy? Or do you realize that the woman means she's using it to get her kids to eat foods that are healthy?

yeah i could see how people could be fooled though. obviously the advertisement is stating "you can put this shit on bad tasting but healthy foods and your kids will eat it," but it never really says anything about the product itself. it doesn't mention any other benefits, and it hardly even recommends what to eat it with (the other commercial states things like whole wheat waffles and whole grain toast).

i dunno, people who don't understand basic nutrition are just ignorant and deserve to be unhealthy, in my opinion. i don't know what this mother was serving with nutella, but if she thought just slapping a spread of anything, chocolate or otherwise, on to an eggo would make the kid start to shed pounds, then of course she will be stupid enough to be convinced by that commercial. because there are people like this companies should really be prepared for this type of thing by now. bad marketing plan by the company, not sure what they thought was going to happen.
Motivate
Profile Joined June 2011
2860 Posts
Last Edited: 2012-04-28 01:30:23
April 28 2012 01:27 GMT
#178
you might want to shoot me for saying this, and as dumb as that lady is, it really bothers me how certain companies claim their products are healthy. nutella is a great example (or maybe it's just the aussie adverts). they go on about how kids need the energy from nutella to concentrate at school, part of a balanced breakfast, etc. same with milo. i love how both milo and nutella never ONCE mention that their products are chocolate-based.

i swear people just came to this thread to complain about the american justice system and aren't actually all that interested in the case itself.
Equity213
Profile Joined July 2011
Canada873 Posts
April 28 2012 01:30 GMT
#179
On April 28 2012 09:56 Talin wrote:
Show nested quote +
On April 28 2012 09:56 dAPhREAk wrote:
On April 28 2012 09:53 Equity213 wrote:
Anything that takes money from big evil corporations and generally makes like miserable for a business man is good. I dont really care about anything else. I just like seeing rich people suffer.

~end sarcasm

justice for all, except those we dont like!


Companies aren't people.


Ferrero SpA is a private company, not a public corporation. Its owned by the family of the guy who started it.
Mayhemia-
Profile Joined February 2011
Finland58 Posts
April 28 2012 01:31 GMT
#180
On April 28 2012 08:57 MadProbe wrote:
Now before you hate on this lady for being stupid.... see the actual advertisement first!

http://www.youtube.com/embed/ThIrw_LpuRA

That's fuckin sleezy advertising. I'm glad they got sued.

ps how do u embed video on TL?


Umm. What?

How someone makes up the health claims by that ad?

It wasn't even as bad as I thought it would be. I mean, hey quality ingredients, is that it?
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