Federal Court Allows Another Olive Oil Labeling Class Action to Move Forward
Another class action case against an olive oil importer is set to move through California federal court, after a Northern California U.S. District Court Judge on Feb. 3 denied a motion to dismiss a lawsuit against Salov North America Corp., the importer of “Filippo Berio” brand olive oil.
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The ruling comes on the heels of the Northern California District Court’s denial in January of a motion to dismiss a similar class action lawsuit against another olive oil importer, Deoleo, which imports Bertolli and Carapelli brand oils (see 1501080026).
Just like the Deoleo class action, the lawsuit against Salov was brought by a private citizen who bought a bottle of the company’s olive oil and now says the product is not as advertised. Rohini Kumar alleges that Filippo Berio olive oil is falsely labeled as “imported from Italy,” even though it is actually made from a mix of olives grown and pressed in Spain, Greece and Tunisia, and then shipped to Italy before being blended and bottled for export.
Kumar also alleges that the oil is labeled as extra virgin, even though testing by an independent lab found that none of the Filippo Berio products sampled by Kumar’s lawyer met extra virgin standards. She alleges that Salov adulterates its “extra virgin” olive oil with cheaper, refined olive oil, and uses clear bottles and unprotected transport and storage methods that allow the oil to degrade.
Kumar alleges Salov’s false statements violate several California laws, including the California Consumer Legal Remedies Act, the California False Advertising Law, and the California Unfair Competition Law. Although those claims will proceed, the judge dismissed Kumar’s breach of contract claims because the statements on a product label do not constitute a contract.
(Kumar v. Salov North America Corp., N.D. Cal. 14-2411, dated 02/03/15, Judge Rogers)