Nutella maker settles in deceptive lawsuit for $3M

Nutella maker Ferrero has agreed to pay out $3 million in a lawsuit filed by a California woman over deceptive advertising.

The lawsuit was initiated by Athena Hohenberg, a San Diego mother of a 4-year-old daughter, who said that she was deceived by advertising claiming that the chocolate spread was nutritious.

The Consumerist reported that the initial complaint read:

"In Nutella's marketing and advertising, Defendant omits that the nutritional value claimed, if any, is not derived from Nutella, but is instead derived from other foods or drinks (e.g., whole grain breads, fruit and milk) which are advertised to be consumed along with Nutella."

Hohenberg was initially lambasted for her claim that she was unaware of nutritional value – or lackthereof – of the breakfast spread, said the Daily News.

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Nutella contains 21 grams of sugar per serving with half of the serving's 200 calories coming from fat – facts that are clearly stated on the label.

The Consumerist noted that the nutritional make-up was equivalent to a Three Musketeers chocolate bar.

Ferrero has agreed to revamp its marketing campaign to make it closer to reality, including new television commercials, labels and the company's website.

The class action suit will pay out the $3 million settlement in increments of about $20 depending on the amount of claimants.

Anyone who bought Nutella between Jan. 1, 2008 and Feb. 3, 2012, (or Aug. 1, 2009 and Jan. 23, 2012 in California) can file a claim on this website.