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Lawsuit Accuses Popular Italian Food Brand Of Committing 'Tomato Fraud'

Close Up Photo Of Man’s Hands Opens Lid Of Canned Tomato Puree

Photo: miniseries / E+ / Getty Images

A well-known Italian food company, Cento Fine Foods, is being sued in California over claims it falsely labeled its tomato products as “Certified San Marzano.” The proposed class action lawsuit accuses Cento of misleading shoppers by marketing its canned tomatoes as authentic San Marzano tomatoes when they allegedly lack the official certification required for this status.

San Marzano tomatoes are highly valued for their flavor and are grown in Italy’s Campania region. To be recognized as true San Marzano tomatoes in Europe, they must carry a Protected Designation of Origin (PDO), known as “DOP” in Italian. The lawsuit claims Cento’s products do not have this certification, making them different from what many consumers expect when they buy San Marzano tomatoes. According to the lawsuit, the company’s labeling gives shoppers the “erroneous impression that they contain DOP certified San Marzano Tomatoes of equivalent quality,” and the plaintiffs are seeking more than $25 million in damages for allegedly deceived customers.

Cento has denied all allegations, calling the lawsuit “entirely without merit.” Cento’s attorney said the company would “defend this claim vigorously,” referencing a similar lawsuit the company won in New York federal court in 2020. In that earlier case, the judge ruled that a reasonable consumer would not necessarily expect a specific consortium’s certification if the product otherwise met quality standards. Cento also maintains that its tomatoes are grown in the correct region of Italy and produced using proper agricultural techniques, though it stopped seeking official consortium certification in the 2010s due to labeling requirements.

The case will now proceed in the California courts, where a judge will decide if Cento’s labeling crossed the line from marketing to misleading advertising.