A popular Italian food distributor is being accused in a lawsuit of committing “tomato fraud.”
Two Californians claim Cento Fine Foods is falsely and illegally claiming that its products contain San Marzano Certified tomatoes, ABC News reported.
The tomatoes are a plum variety from Italy’s Campania region, known for their strong, sweet flavor.
The lawsuit cites Martha Stewart’s website, which says that “San Marzano tomatoes are considered the Ferrari or Prada of canned tomato varieties. Loyalists say they are well worth the higher price tag compared to other Italian or domestically produced options.”
The website notes that not all canned tomatoes from Italy are San Marzano and they can be grown outside of the region, even in a backyard garden, Stewart’s website said.
“Defendant’s marketing and labeling of Cento San Marzanos as ‘Certified San Marzano’ tomatoes is false, misleading, and unfair,” the lawsuit states. “They lack the taste, consistency, and other physical characteristics associated by consumers with certified San Marzano Tomatoes.”
Similar to Champagne and Parmesan cheese, San Marzano tomatoes are protected by the European Union, or Denominazione d’Origine Protetta.
A consortium, Il Consorzio di Tutela del Pomodoro San Marzano DOP, controls the sale of San Marzano tomatoes to make sure they are grown in the correct region and under specific practices, ABC News explained.
The group certifies genuine San Marzano tomatoes, but Cento voluntarily stopped seeking certification in the 2010s due to labeling requirements.
The lawsuit claims it left because of an investigation into “counterfeit DOP labeling,” adding the company created “an erroneous impression that they contain DOP certified San Marzano Tomatoes of equivalent quality.”
Cento Fine Foods, according to its website, is certified through a different third party, Agri-Cert, which is approved by the EU, USA Today reported.
“From seed to shelf, our Cento Certified San Marzano Tomatoes are monitored and held to the highest of standards,” the company’s website says.
Cento Fine Foods’ attorney called the lawsuit “entirely without merit,” saying it would “defend this claim vigorously.”
“We believe this claim is entirely without merit. We have previously successfully defended a comparable lawsuit in New York federal court and will defend this claim vigorously as well, including seeking prompt dismissal,” the attorney’s statement to ABC News said.
The plaintiffs, Mike Andrich and Natalie Gianne, are seeking $25 million for class members and $10,000 to the two who filed the suit as an “incentive award,” USA Today reported.
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