Ricola, Nutella, Starbucks: some claims for damages are so absurd

Highlights: Ricola, Nutella, Starbucks: some claims for damages are so absurd. The meat is too small, the mango is missing, the package is a scam: When consumer lawsuits are successful, the damages are often high - especially in the USA. A selection of particularly notable cases: Reese's Cookies, Kraft Heinz, McDonald's, Starbucks, Burger King, Ricola and Nutella. The list starts with the chocolate-covered peanut butter snacks from Reese's - a Florida woman is suing for at least $5 million in damages.

The meat is too small, the mango is missing, the package is a scam: When consumer lawsuits are successful, the damages are often high - especially in the USA. A selection of particularly notable cases.

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Reese's should pay five million dollars in damages

Photo: Richard B. Levine / IMAGO

Reese's Cookies: Not scary

Reese's sweets are relatively unknown in this country, but in the USA they are one of the classics on the sweets shelf. Earlier this year it was revealed that a Florida woman was suing the manufacturer for at least $5 million in damages. The reason was that the special edition chocolate-covered peanut butter snacks did not have the shape shown on the packaging. Instead of a pumpkin shape, the parts looked like potatoes and the smiling face that was promised on the package was missing. The district court in Florida will now decide what happens next.

Ricola and the herbs

The Swiss herbal candy manufacturer Ricola is currently facing a class action lawsuit in the USA. The criticism: “Made with Swiss Alpine Herbs” would suggest that the candies with Swiss herbs help against a sore throat. In reality, menthol is the only helpful active ingredient. A woman from Illinois filed suit, accusing the company of intentional deception. She could have bought cheaper candies from the USA with the same substance, she argues and is demanding five million dollars in damages. A decision has not yet been made in court, Ricola does not want to comment on the ongoing legal case to manager magazin. The company had previously announced that it had complied with all legal regulations.

Walmart: Shopping with hurdles

A few years ago, a lawsuit for damages against the US company Walmart caused a stir here. In 2017, a customer was awarded $7.5 million in damages by a jury in the US state of Alabama. The man got his foot caught in a pallet while trying to buy a melon at a Walmart supermarket in Phoenix. When he fell, he fractured his hip. During the trial, Walmart's lawyers eventually admitted that the pallet on which the melons were stored could have been covered with a tarp.

Kraft Heinz: How long does the macaroni take?

In 2022, a woman in the USA sued Kraft Heinz for five million dollars in damages over a microwave dish. The reason she gave was that the indication of the preparation time of 3.5 minutes on the macaroni packaging was incorrect. For example, the time that a customer needs to open the lid, fill with tap water and stir is not taken into account when specifying the time. However, in mid-2023, a judge in Miami rejected the lawsuit.

Kraft Heinz Food: Less powder than promised

In another case, Kraft Heinz agreed to pay $16 million in damages. In the class action lawsuit, customers took action against the company in 2020 because it stated that the coffee packaging from Maxwell House and Yuban Coffee contained too many cups. The accusation: The company is packaging and marketing the coffee fraudulently and unlawfully. In mid-2021, Kraft agreed to pay the million-dollar fine.

McDonald's: The Chicken McNuggets were too hot

Burns are no trivial matter - and yet in this country you would hardly be able to get away with this case in court. It's different in the USA: There, a family was finally able to prevail after years of legal battles. Her four-year-old daughter suffered second-degree burns from hot McDonald's Chicken McNuggets when the pieces of meat fell on the child's leg. The family originally demanded $15 million in damages, but was ultimately awarded $800,000 in the middle of last year. The judges also noted that there could be clearer warnings on the fast food giant's packaging.

Starbucks: The fruit juice without fruit

The coffee house chain Starbucks is repeatedly in court over claims for damages. In many cases, these are workers' rights in the broadest sense, but last year the company ended up in front of the Kadi in Manhattan because of a product. In a class action lawsuit, the coffee house chain was accused of selling fruit drinks without containing the juice of the corresponding fruit. There is no mango juice in the mango dragon lemonade, and pineapple is also missing in the pineapple passion fruit lemonade. At least five million dollars in damages were demanded. A decision is still pending.

Burger King: Big or small burger?

The fast food giant Burger King also faced a class action lawsuit in a Florida court in the middle of last year. The company was accused of selling the typical burger with around 35 percent less meat than shown in the advertising. Customers complained that the burger was also presented with ingredients that “protruded beyond the bun,” which made it appear that the burger contained a significantly larger amount of ingredients than was ultimately served. According to the judge, a jury will now deliberate on what consumers can expect from the picture burger scissors. Similar lawsuits also hit fast food chains Taco Bell, Wendy's and McDonalds in 2023 and 2022. The latter was sued for damages of five million dollars. The verdicts are still pending.

L'Oreal: deceptive package

L'Oréal is facing a lawsuit in Germany. The consumer advice center accuses the company of selling washing gel in deceptive packaging over the Internet. The tube is shown upside down, but is only partially filled, according to the accusation. The consumer advice center initially warned L'Oréal, but the company refused to issue a cease-and-desist declaration. Ultimately, consumer advocates sued the company. However, L'Oréal was able to reject the case before the regional court and the higher regional court, but the Federal Court of Justice allowed an appeal at the beginning of January 2024.

Ferrero: Nutella – the unhealthy breakfast

In 2011, the mother of a child sued Ferrero because the company advertised the spread Nutella, made from palm oil and sugar, as an “example of a balanced and tasty breakfast” and as “healthier” in advertising than it actually was. In 2012, Ferrero finally set aside $3 million for compensation. The group reached an out-of-court settlement as part of the class action lawsuit. At that time, Ferrero announced that it would change or expand its marketing and information about content and nutritional values. According to the agreement, buyers were to receive up to four dollars for each jar of Nutella that they had purchased in California since August 2009 or throughout the United States since January 2008, but the maximum amount was capped at $20. To receive the money, buyers had to be registered.

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