San Marzano tomatoes
SAN FRANCISCO — The sellers of some of the most popular canned tomatoes in the U.S. have been hit with a class action lawsuit, accusing them of allegedly misleading customers by advertising their tomatoes as being "San Marzano tomatoes," when they are not approved by the Italian consortium allegedly controlling that branding.
On May 4, attorney Gregory S. Weston, of San Diego, filed suit against New Jersey-based Cento Fine Foods in San Francisco federal court.
The lawsuit was filed on behalf of named plaintiffs Mike Aldrich, identified as a resident of Whittier, and Natalie Gianne, of Los Angeles.
However, the plaintiffs seek to expand the action to include potentially thousands of others who were allegedly duped into allegedly overpaying for Cento's San Marzano-branded canned tomatoes.
According to the complaint, Cento has allegedly attempted to improperly profit off of the San Marzano tomato name and branding.
Quoting from an article published on MarthaStewart.com, the complaint asserts: "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 complaint further compared San Marzano tomatoes to Champagne, which they note can legally only be called "Champagne" if it is produced "in the Champagne region of France."
"... Real San Marzanos can only be grown, processed, and canned in a specific region of Italy," the complaint said, quoting from an article published at AllRecipes.com.
And that San Marzano branding and certification, the complaint said, has been controlled by a special San Marzano consortium in Campania, Italy, since 1996.
The complaint notes that Cento was rejected by that consortium in 2011, "when it was ejected for committing fraud."
However, the complaint asserts Cento has continued to sell canned tomatoes it claims are "certified" as being San Marzano tomatoes, when they allegedly "are not of equivalent origin and quality," and allegedly "lack the taste, consistency, and other physical characteristics associated by consumers with certified San Marzano Tomatoes."
And the complaint asserts Cento has continued to sell their San Marzano branded tomatoes at a premium price, as if they are genuine San Marzano tomatoes.
Consumers, including the named plaintiff, "would never have purchased Cento San Marzanos, especially at their premium price, if they had known that they were inauthentic, and indeed illegal in Italy, home of San Marzano tomatoes," the complaint said.
The plaintiffs are asking the court to order Cento to pay at least $25 million for the alleged deception, as well as restitution and punitive damages, plus attorney fees.
