Bertolli Olive Oil Class Action Lawsuit Escapes Dismissal

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A class action lawsuit against the maker of Bertolli and Carapelli brand olive oils will continue after a California federal judge turned down the company’s request to dismiss the lawsuit, which alleges that it has deceived customers about the quality of its olive oil.

U.S. District Judge Richard Seeborg said that plaintiff Scott Koller’s claims are sufficient for the olive oil class action lawsuit against Deoleo USA, Inc. to continue.

Koller alleges that the phrase “extra virgin” to describe the olive oil is misleading since they are added to a refined oil. In addition, the bottle it comes in is unable to protect the oil from damage that can be caused by heat and sunlight.

“Koller further contends that both ‘extra virgin’ and non-extra virgin olive oil products are deceptively marketed as ‘imported from Italy,’ when in fact the olives used to make the oil come from any of a number of other countries,” the federal judge explains.

Koller proposes three class: (1) for California residents who purchased any of Deoleo’s olive oil products from May 23, 2010 to the present that say on the label that the products are Imported from Italy; (2) a nationwide class of customers who purchased extra virgin olive oil from Deoleo from May 23, 2010 to the present; and (3) a California class of those who purchased extra virgin olive oil.

The charges against Deoleo include a violation of California’s Consumer Legal Remedies Act, a violation of California’s False Advertising Law, fraud, deceit, misrepresentation, and a violation of California’s Unfair Competition Law.

Deoleo argued that Koller lacked standing, has not provided sufficient facts to support his claims, and the company also says it doubts Koller was misled about the source of the olive oil, since the bottles explain on the back of the bottle that “the olives may come from several different countries.”

However, Judge Seeborg said that “Deoleo’s arguments would require a level of proof at the pleading stage that simply is not required.”

“Additionally, any questions as to whether Koller may advance class claims relating to specific products he did not purchase are more properly analyzed at the class certification stage,” he added.

Judge Seeborg explains that Koller’s allegation about whether the term “extra virgin” accurately describes the olive oil is entirely plausible.

“Whether he can prove it remains to be seen, but dismissal at the pleading stage is not warranted,” he wrote.

As for the Imported from Italy allegation, the California federal judge says that “Koller’s original complaint did not expressly allege he had ever read the black label,” even though he said the saw the “best if used by” date, which is on the back label.

“Merely claiming the back label supplied contract terms, however, is not tantamount to admission that he had read the label,” Judge Seeborg said.

Deoleo USA is represented by Jeffrey B. Margulies, Stephanie A. Stroup, and Julia B. Glazer of Norton Rose Fullbright.

Koller is represented by Adam J. Gutride, Seth A. Safier, Marie McCrary, and Kristen G. Simplicio of Gutride Safier LLP; and by Hassan A. Zavareei and Jeffrey D. Kaliel of Tycko & Zavareei LLP.

The Olive Oil Class Action Lawsuit is Koller v. Med Foods, Inc. et al, Case No. 3:14-cv-02400, in the U.S. District Court for the Northern District of California.

UPDATE: On April 3, 2018, Deoleo USA Inc. reportedly agreed to pay $7 million to settle a class action lawsuit alleging it made misrepresentations about Bertolli olive oil.

UPDATE 2: On May 18, 2018, the Bertolli Olive Oil class action settlement is now open. Click here to file a claim.

UPDATE 3: On May 7, 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $375.57 from the Bertolli Olive Oil class action settlement. Congratulations to everyone who filed a claim and got PAID!