In Re Ferrero Litigation

ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO TRANSFER

On March 24, 2011, Defendant Ferrero U.S.A., Inc. (“Ferrero”) filed a motion to transfer this action to the District of New Jersey. (Doc. No. 19.) On May 2, 2011, Plaintiffs filed a response in opposition to Defendant’s motion to transfer. (Doc. No. 33.) On May 9, 2011, Defendant filed a reply in support of its motion. (Doc. No. 36.) A hearing on the matter is currently scheduled for May 16, 2011 at 10:30 a.m. The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines this matter is appropriate for resolution without oral argument, submits the motion on the parties’ papers, and vacates the hearing. For the following reasons, the Court DENIES without prejudice Defendant’s motion to transfer.

Background

This is a consolidated consumer class action lawsuit brought on behalf of people who have purchased Ferrero’s Nutella® spread after relying on allegedly deceptive and misleading labeling. (Doc. No. 14, Cons. Compl.) Specifically, Plaintiffs allege that Ferrero misleadingly promotes its Nutella® spread as healthy and beneficial to children when in fact it contains dangerous levels of sugar. (Id. ¶…