Hohenberg v. Ferrero USA, Inc

Case # 11-cv-00205
Case Name Hohenberg v. Ferrero USA, Inc
Jurisdiction US District Court for S.D. CA

Ferrero manufactures the popular Nutella branded spread. They marketed this spread as being part of a "balanced breakfast" though the spread contains significant amounts of saturated fat and processed sugar. Plaintiffs allege that this marketing intentionally mislead them regarding the purported healthfulness of Nutella. Plaintiffs seek an end to the deceptive marketing practices used to sell Nutella. 

Final Approval Date 07/09/2012
  1. Final Approval granted.
  2. All objections overruled.
  3. Objectors Drey and Pridham (through Attorney Pridham) and Hale (through Attorney Bandas) appealed the Final Approval.
  4. Appellate Court affirmed the decision of the lower court.
  5. Appellees were required to pay $139.50.
  6. The claim administrator listed the cost to the class of the delay due to appeal at $5,573.80.
Dismissal of Last Appeal 08/25/2014
Attachments First Amended Complaint.pdf
Preliminary Approval.pdf
Final Approval.pdf
Motion for Appeal Bond.pdf
Memo in Support of Appeal Bond.pdf
Response to Motion for Appeal Bond.pdf
Appellate Court Overruling Appeal of Objectors.pdf
Declaration of Claims Administrator Regarding Appeal.pdf
Plaintiff's Response to Objections.pdf
Declaration of Jack Fitzgerald Regarding Objections.pdf
Defendant's Response to Objections.pdf
Docket Report.pdf
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Objection of Courtney Drey, Andrea Pridham (nee Kane)

Objectors Courtney Drey
Andrea Pridham (nee Kane)
Signers Grenville Pridham
Mark T. Lavery
Attorneys Grenville Pridham
Mark T. Lavery
Christopher V. Langone
  1. Injunctive relief is inadequate, since it does not prevent Nutella from being marketed as a healthy breakfast food.
  2. Attorneys' fees are excessive.
Attachments Objection of Courtney Drey and Andrea Pridham.pdf
Appeal of Objectors Drey and Pridham.pdf
Consolidation of Appeals.pdf
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Objection of Michael E. Hale

Objectors Michael E. Hale
Signers Michael E. Hale
Attorneys Christopher A. Bandas
  1. Class contains too many sub-classes for adequate litigation
  2. Injunctive relief is illusory, since Defendant has already agreed to a change in nationwide sales practices.

NOTE: Christopher Bandas filed his appearance only after the appeal.

Attachments Objection of Michael Hale.pdf
Appeal of Objector Hale.pdf
Consolidation of Appeals.pdf
Appearance of Christopher Bandas for Objector Hale.pdf
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