• CTV , Monday, April 30, 2012 10:29 AM

Ferrero has settled a consumer lawsuit arguing it has positioned its Nutella brand as a nutritious breakfast item.  Athena Hohenberg, a California woman, was lead plaintiff in the suit charging they were deceived by the brand's advertising.

Ferrero is settling the suits with a $3 million payout. The money will be dispensed to anyone who bought Nutella between August 2009 and January 2012. That works out to about $4 a jar – essentially the equivalent of a refund. In addition to the payout, Ferrero has also promised to change its Nutella labeling and stop running the misleading ads.

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