Two shoppers in California have filed a proposed class-action lawsuit against Cento Fine Foods, accusing the New Jersey-based company of committing what they term 'tomato fraud.' The lawsuit alleges that Cento falsely markets its tomato products as containing Certified San Marzano tomatoes, a specific variety grown exclusively in Italy's Campania region under European Union regulations.
Background of the Allegations
According to the lawsuit, Cento's labeling of its products as 'Certified San Marzano' tomatoes is misleading and unfair. The plaintiffs argue that the tomatoes used lack the taste, consistency, and other physical characteristics associated with genuine certified San Marzano tomatoes. Under EU law and international treaties, true San Marzano tomatoes must originate from the Campania region, similar to how champagne must come from France's Champagne region.
The certification process for San Marzano tomatoes is overseen by Il Consorzio di Tutela del Pomodoro San Marzano DOP, an independent consortium that regulates the origin of the tomatoes. The lawsuit claims that Cento's marketing creates an erroneous impression that its products contain DOP certified San Marzano tomatoes of equivalent quality.
Cento's Defense
Cento Fine Foods, however, maintains that its tomatoes are authentic. The company states on its website that its Certified San Marzano Tomatoes have always been grown and produced in the Sarnese Nocerino area of Italy. It notes that its production plant is located in the San Marzano region of Campania, near Mount Vesuvius. The company also offers a 'Find My Field' feature for consumers to trace the origin of their products.
An attorney representing Cento told ABC News that the lawsuit is 'entirely without merit' and that the company will defend itself vigorously. The attorney added that Cento successfully defended a similar lawsuit in New York federal court and will seek prompt dismissal of this case. The company stated that it voluntarily stopped seeking certification in the 2010s due to labeling requirements.
Lawsuit Details
The proposed class-action lawsuit seeks $25 million in compensation for shoppers who purchased Cento's San Marzano tomatoes. It accuses Cento of using deceptive marketing to trick consumers into believing they are buying certified products. The Independent has requested comment from Cento Fine Foods.
