Hohenberg v. Ferrero USA, Inc

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. 

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.

1. Injunctive relief is inadequate, since it does not prevent Nutella from being marketed as a healthy breakfast food.
2. Attorneys' fees are excessive.

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.