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Nutella to pay $3.5M after nutrition lawsuit

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    California mom wins false advertising case about nutritional value

  • Duration 4:10
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This transcript is automatically generated

Good morning I can use all the help I guess that's -- -- And left and I delicious -- -- a friend that's perfect on multi grain toast and even home we -- and create an easy way to get my feeling -- breakfast that licensees.

Intel is -- with simple quality ingredients like he's -- -- -- skin no intentions of cocoa.

-- has one good commercial -- a California mother.

Takes -- -- -- to court over that ad and she won she claimed that that commercial that we just played was packing false nutritional advertising.

The -- companies now agreed to pay 3.5.

Million dollars to qualifying customers.

Let's battle this out in the course -- -- Sullivan's defense attorneys really Jackson.

Former prosecutor gentlemen thank you.

Opt for being here this morning but three and a half million dollars first to cause an idea how does this work anybody thinks that they.

Bought -- -- -- during this period doesn't have to -- -- on the planet class action suit initially they can still cast didn't -- keep.

Well it's a class action -- so they'll be entitled to submit a claim for certain time period.

But in essence what's going on here is this is this is a frivolous lawsuit the FDA is very clear very specific about what nutritional requirements are required to be on a labels.

They were on the label they would just on the back of the jaw part of the lawsuit is that now the sugar content in the calorie content in the fat content or let stuff that we don't wanna talk about.

Have to be on the front of the label -- this is just a ridiculous lawsuit and it's gonna go away for the cost of doing business for -- -- three million dollars their advertising budget alone.

Is 500 million dollars this is just a drop in the bucket.

That I gotta tell you it's a very persuasive that -- and I admit that when I saw this commercial at -- dress up.

I don't -- as a it's not really but I'm toast it's actually.

A hazelnut spread that when combined with whole wheat toast as a vehicle for the budget spread on the tell us.

Might actually be Soria.

Well less -- I'm glad you enjoyed that commercial -- Because you're not gonna see it not enough that the democratic added -- of this settlement what they have to do it's not only the monetary value which is significant but it's also the value of changing a label on an ad which is false deceptive and misleading.

They know better than that you can't be marketing products and suggesting they have nutritional value when their balance when they're not in the point is is that apparently the company didn't think it was too frivolous because they paid out in not only did they pay out had suggested but they're -- top Alter their whole closet procedure.

And this goes to show you -- something very important nothing and I do mean nothing gets in the way of a mother and their children.

This is second.

-- seriously.

I mean what can look at the jar it's premiums -- on toast right.

I mean how could anybody possibly believe that it's not loaded -- -- at act I can't believe that this woman Lott won the slots it.

Frankly it.

It's it can be spread that's and that's what it is and he did derive -- the absence of cocoa in 1946.

They came up with using -- to create the sweetener to satisfy satisfy.

People sweet -- for a candy store.

Look what they engaged in -- Mac commercial is free protected speech is protected by the First Amendment it's called offering in advertising.

It takes place all the time and every commercial thinkable the jingles that can come to mind it -- a little longer make it last little longer being on -- right.

The best part of waking up its Folgers in your car that -- has -- repeat yeah.

This person isn't it.

How he passes it will rest for the next that -- -- I love it but we now all of us now who are attorneys that yes it's protected speech unless it's false and misleading there has to be some measure of responsibility on the part cooperation of god bless them let him make all the money they can but they have to do selling responsible ways and when you market things -- children who wants susceptible who develop habits that last throughout a lifetime you need to be responsible and you're.

Online you're going to -- to -- that he's raised share and I know that I take responsibility when I about the stuff because it did sound like a pretty persuasive commercialism hazelnut spread it's not actually by sentenced after.

They and they -- here -- -- -- Jackson expert on Centre it's a thank you Sullivan has dug into the history advertising that you don't let anything.

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