Nutella VS Activia Yogurt
Verdict DROP IT DROP IT
The Reality Plaintiffs, including a mother who fed the product to her 4-year-old daughter based on the balanced-breakfast messaging, sued after discovering each serving contained 21 grams of sugar, 200 calories, and 11 grams of fat (3.5 grams saturated). Ferrero settled the resulting class action for $3 million in 2012, agreeing to pay consumers $4 per jar (up to 5 jars each), remove the 'balanced breakfast' phrase from the back label entirely, replace it with 'Turn a balanced breakfast into a tasty one,' and submit future commercials for plaintiff approval before airing. The FTC's investigation, conducted jointly with 39 state Attorneys General, found that 8 of the 10 scientific studies Dannon relied on actually showed no statistically significant effect of Activia on digestive transit time compared to a placebo. Dannon settled with the FTC in 2011, agreeing to stop using the specific words 'clinically' and 'scientifically proven' in favor of softer language like 'clinical studies show,' and to stop claiming any cold- or flu-prevention benefit unless the FDA approved that specific message. Separately, a parallel consumer class action resulted in Dannon paying up to $45 million in damages, and the FTC settlement included a simultaneous $21 million settlement with the 39 states.
SHORT ANSWER
Nutella: Ferrero paid $3 million in 2012 to settle a class-action lawsuit and removed the phrase 'balanced breakfast' from Nutella's labeling after plaintiffs pointed out a single serving carries 21 grams of sugar, 200 calories, and 11 grams of fat.
Activia Yogurt: The FTC's investigation, joined by 39 state Attorneys General, found 8 of 10 studies Dannon cited for Activia's 'clinically proven' digestive claims showed no significant effect versus a placebo, resulting in a 2011 settlement and a separate $45 million consumer class-action payout.