i- A California federal judge has certified a class action alleging that Barilla falsely labels its pasta as being made in Italy. We previously blogged on this case when Barilla’s motion to dismiss was denied because the plaintiffs plausibly alleged that the phrase “Italy’s #1 Brand of Pasta” is misleading despite Barilla arguing that the phrase represents the “Company’s Italian roots.”
- The plaintiffs allege that the claim on the front panel of Barilla’s packaging “is misleading to reasonable consumers and tricks them into thinking the products are made in Italy or with ingredients sourced from the country.” According to the plaintiffs, this claim is reinforced through graphics using the Italian flag’s colors. However, the products are not made in Italy or using ingredients sourced from Italy.
- Barilla argued that the class was not properly defined and the product labels have been revised since filing, so the class should not be certified. According to the judge, though, certification is proper because, among other things, the plaintiffs adequately alleged the defendants suffered common harm based on consumer deception. The consumers in the class relied on the challenged claim and understood it to mean the products were authentic Italian pastas that they would not have purchased if they knew the products were not made in Italy. In addition, the plaintiffs submitted evidence that Barilla marketed its products as “authentically Italian” understanding that an Italian connection is a material consideration to potential purchasers.
Pasta False Ad Class Action Receives Certification
Thursday, May 30, 2024
