A federal court in New Jersey has refused the request to intervene filed by
plaintiffs to a California consumer-fraud lawsuit against the company that
makes the hazelnut spread Nutella®. Glover v. Ferrero USA, Inc., No. 11-1086
(D.N.J., decided October 20, 2011) (unpublished). The New Jersey
action, like its California counterpart, was filed as a putative nationwide
class action; the laws under which the cases were filed and the class periods
differ. According to the New Jersey court, the intervenors had no interest in
litigating the New Jersey case; rather, their stated intent was to dismiss the
case or transfer it to California. The court also noted that while the California
Nutella® litigation was filed first, “the actions are not truly duplicative.” The
Judicial Panel on Multidistrict Litigation has refused to consolidate the
California and New Jersey actions for pretrial proceedings.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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