Federal Court Denies Request to Intervene in Nutella® Lawsuit

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(D.N.J., decided October 20, 2011) (unpublished).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.