It's Monday morning, so of course the week has to open with one lawsuit or another, just to get us all out of bed with a smile! This time it's news of a woman from the USA (naturally) who sued the makers (Ferrero, Italy) of the popular choconutty spread, Nutella, because she claimed she was misled by their marketing, and was unknowingly feeding her kids the opposite of what she believed. How much longer is the legal system going to allow us to play dumb and illiterate, when we use some product for years, then a light bulb suddenly flashes on, or worse, we get some disease directly attributable to the product (as depicted even on the product wrapping!), and we sue the maker. All the while claiming "I thought that smoking was good for stress, your honor, I had no idea it could actually kill people!". Especially in these times of enlightenment and heightened awareness of what goes into foodstuffs that go into us, do mothers not take a nanosecond over years to read product labels, for their kids sake at least? I am not talking about additives or colorings, and blah blah blah. In general, I mean looking at the first three or four, and scanning for salt, sugar, corn syrup, saturated bacon fat, and other crap.
Now, I have seen the Nutella ads, and while they do claim that Nutella is a great way to kick start the kids' day, and provide them with the energy they need to jump into the morning, this is not quite the same as implying that it is pushed as a healthfood product. How smart do we need to be to realize that anything associated with chocolate flavor is not highly likely to be the best choice? Additionally, how smart do we need to be to know that when the kids love it and demand it every day, that, ahem, there has just got to be a sugar or fat injection going on here?! If Nutella had been so misleading, how come they were not told to pull back on their claims, like say Cheerios' makers were, for pushing too hard on their capacity to lower cholesterol? Yes, the inclusion of Nutella spread was claimed to be a useful part of a healthy, balanced diet, but guess what? It probably is! When it's taken in moderation, like almost everything else in life. They very clearly state that the major ingredients are hazelnuts, a little cocoa, and skimmed milk. I do not see what is deceitful about that, unless they furtively add in sugar and fat to increase it's addictiveness. Additionally, hazelnuts, like all nuts, contain fat, but like fish, the oils in nuts tend to be associated with both reduced weight gain/heart problems in most people. So a cheeseburger it is not.
How can one prove that one did not intend all along to sue, after reading the label three years ago, but using the product in the meantime? Such as the cases where smokers have sued the tobacco companies, but only suing once they have a disease.
The crazy thing? I fully expected it to be tossed out, but the Mom won a $3M class action settlement. Only in the USA, quite literally. Even though the majority of the product is made here in Canada, in Ontario, and the marketing is directed from Toronto, no settlement applies north of the border. So? Now all US Nutella eaters who apply under the terms agreed will receive a $4 refund. I think this is a big mistake and could signal real problems for the brand: give people back money for buying your product, but expect them to maybe use that cash to buy more of said product? After what has to appear like an admission of guilt, over the fact that Nutella, is, in fact, very bad for you?
I say don't worry about your four bucks. Kids will be kids, and like all illicit addictive substances, Nutella will be driven underground, and onto the school playgrounds, where the black market price of a precious jar of Nutella will surely skyrocket. Once the product is withdrawn, it will be possible to obtain a king's ransom for a jar. Right now, somewhere, some very smart kid has cleared out all the local stores, and will open a website and Facebook page in a year or so, selling a relabeled jar for a huge mark-up, and become a millionaire in the process. Ridiculous, maybe. But only a little more ridiculous than the entire story.
For marketing types, it's a question of whether Nutella ads were truly a case of brilliance in marketing, and they made so much money thus far, that the $3M is peanuts (or hazelnuts!), or, they did knowingly and wrongly imply that it is a health-promoting product, realizing that its addictiveness would carry it forward through years of massive sales and profits? Let's be frank here, all marketing is to some extent a form of brainwashing. The manipulation of people is what it is all about, even for a product that actually is good for them: they need to be made aware of it and manipulated into procuring it. The public simply needs to be smart, and not only realize that we are always potentially being played, but also, that if one cares so much about what goes into our mouths to go through the expense and crap associated with a lawsuit, then perhaps we should have read the label in the first place. That's all I have to say on this nutty subject! ;) - Kevin Mc
For marketing types, it's a question of whether Nutella ads were truly a case of brilliance in marketing, and they made so much money thus far, that the $3M is peanuts (or hazelnuts!), or, they did knowingly and wrongly imply that it is a health-promoting product, realizing that its addictiveness would carry it forward through years of massive sales and profits? Let's be frank here, all marketing is to some extent a form of brainwashing. The manipulation of people is what it is all about, even for a product that actually is good for them: they need to be made aware of it and manipulated into procuring it. The public simply needs to be smart, and not only realize that we are always potentially being played, but also, that if one cares so much about what goes into our mouths to go through the expense and crap associated with a lawsuit, then perhaps we should have read the label in the first place. That's all I have to say on this nutty subject! ;) - Kevin Mc