A proposed class action lawsuit filed in California alleges that Cento Fine Foods falsely markets its canned tomato products as containing certified San Marzano tomatoes.
The lawsuit, filed by two California residents, claims Cento products labeled as "Certified San Marzano" tomatoes do not meet the standards associated with DOP-certified San Marzano tomatoes from Italy.
San Marzano tomatoes originate from Italy's Campania region and are protected under the European Union's DOP designation system, similar to Champagne and Parmesan cheese. The designation is regulated by the Consorzio di Tutela del Pomodoro San Marzano DOP, which oversees production standards and regional origin requirements.
© U.S. District Court for the Northern District of California
According to the consortium, authentic San Marzano tomatoes are "grown exclusively in the Sarnese-Nocerino area" and have "an elongated cylindrical shape" and "an intense red color with yellow shades."
The lawsuit alleges that Cento's products do not carry certification from the consortium and therefore should not be marketed as certified San Marzano tomatoes.
"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."
The filing also alleges Cento voluntarily stopped seeking certification from the consortium during the 2010s. Cento has previously stated that it ended the relationship due to labeling requirements and maintains that its tomatoes are grown in the correct region using accepted production methods while being certified by another third-party organisation.
In a statement to ABC News, a lawyer representing Cento Fine Foods said the claims are "entirely without merit."
"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 statement said.
The earlier New York lawsuit referenced by the company was dismissed in 2020. In that case, a federal judge ruled that a "reasonable consumer" was unlikely to seek out consortium-certified San Marzano tomatoes over tomatoes certified by another body.
The current California lawsuit was filed by two consumers who estimated purchasing more than a dozen cans of Cento tomatoes. The proposed class action seeks more than US$25 million in damages.
"Plaintiffs 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 lawsuit states.
Source: ABC News
