California consumers accuse popular Italian food brand of tomato fraud
A popular U.S. food distributor has long promised premium Italian tomatoes in its products. Two California companies allege tomato fraud.
A lawsuit filed this month alleges that US-based Italian food distributor Cento Fine Foods falsely labeled its products as containing San Marzano tomatoes.
The lawsuit alleges that the tomatoes in question are a premium variety that can only be grown in Italy’s Campania region and are known by the food industry as the “Ferrari or Prada” of tomatoes.
Cento, which won a similar case in New York, says its tomatoes come from the right region, even though it doesn’t have the same certification as the Italian government.
The complaint alleged that the company fraudulently branded its tomato products because it did not have the proper certification required to use the name.
“They lack the taste, consistency, and other physical characteristics enjoyed by consumers of Certified San Marzano Tomatoes,” the lawsuit states.
Plaintiffs in the California case claim they were misled by deceptive labeling when purchasing the product from more than a dozen California stores. The lawsuit seeks class-action certification and asks the judge to award customers more than $25 million in damages.
Cento denies the allegations made in the complaint and will seek to have the case dismissed in court, a company spokesman told The Times on Monday.
The ongoing battle to determine who can use the San Marzano name underscores the importance of food branding at every level.
This goes beyond regional requirements, such as calling something Champagne because it is made in that part of France. It looks more like Washington apples. The Washington Apple label is supported by a system of requirements and controls. Apple growers, even if they are in a Western state, can only label their fruit as Washington Apples if they have gone through this process. Otherwise you will have to use apples from Washington.
San Marzano tomatoes have protected status in the European Union; This means that an independent consortium must regulate and certify that the product has been grown in the correct region and with appropriate techniques before it can be sold.
Cento says it has the right to use this name because its tomatoes are grown in the same region. The website offers an offer detailed description He says the harvesting and packaging process complies with the consortium’s guidelines. However, Cento’s tomatoes are certified by an independent third-party organization that is not affiliated with the consortium.
Adding that the harvesting process is subject to strict quality controls and is regularly inspected, the company spokesman said that the lawsuit was unfounded.
“We take nothing more seriously than the quality and integrity of our products,” a company spokesperson said. “We’re proud that our labels accurately identify the products inside. Cento is a brand consumers can trust.”
Cento held the consortium’s certification until the 2010s.
A similar lawsuit filed against the company in New York was dismissed by a federal judge in 2020. The judge ruled in favor of Cento, finding that a reasonable customer was unlikely to seek out tomatoes certified by the consortium rather than a product that met the same standards but was certified by a different agency.
At the time, the company defended its harvesting methods by claiming that the tomatoes were grown in the right region and with the right techniques.
According to its website, the company’s tomatoes are grown in Italy’s Sarnese-Nocerino region, near Mount Vesuvius. Tomatoes have a long plum shape and pointed tips.
According to the website, the third-party certification body conducts random testing throughout the growth process and tests every product that arrives at the company’s New Jersey warehouse before it is released to stores.
The website also has a traceability feature that allows customers to use the box lot number to find the field in Italy where tomatoes were grown.
