Top Class Actions  |  September 21, 2018

Category: Closed Class Actions

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Bertolli olive oil hit with class action

Deoleo USA Inc. has agreed to pay $7 million to settle a class action lawsuit that contends that certain “Bertolli” brand olive oil products (the “Products”) were inappropriately marketed as “Imported from Italy” and/or “Extra Virgin.” 

The lawsuit seeks a court order to preclude that marketing and to provide payments to purchasers. Deoleo denies any wrongdoing. It contends that the Products have always been truthfully marketed and labeled. The Court has not determined whether Plaintiffs or Deoleo are correct.

If you purchased certain Bertolli brand olive oil between May 23, 2010 and April 16, 2018, you may be entitled to a cash payment from the Bertolli class action settlement.

This case involves three types of Bertolli brand olive oil sold in the United States during specified time periods:

  • Bertolli Extra Virgin Olive Oil: May 23, 2010 and April 16, 2018
  • Bertolli Extra Light Olive Oil: May 23, 2010 and December 31, 2015
  • Bertolli Classico Olive Oil: May 23, 2010 and December 31, 2015

For purposes of settlement only, the Court has conditionally certified the following settlement class:

All persons who, between: (i) May 23, 2010 and April 16, 2018, purchased, in the United States, any of the Extra Virgin Olive Oil Products except for resale and/or (ii) between May 23, 2010 and December 31, 2015, purchased, in the United States, any of the Other Olive Oil Products.

If the settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue, but only on behalf of purchasers in California. California classes of the purchasers have already been certified by the Court. Those classes were defined as follows: the “(i) Imported From Italy Class: All purchasers in California of liquid Bertolli Extra Light, Classico, or Extra Virgin olive oil, between May 23, 2010 and May 30, 2014, except for those bearing labels “Organic,” “Robusto,” “Gentile,” or “Fragrante; ” and the “(ii) Extra Virgin Olive Oil Class: All purchasers in California of bottles of Bertolli Extra Virgin olive oil, between May 23, 2010 and August 15, 2015, except for those bearing labels “Organic,” “Robusto,” “Gentile,” or “Fragrante.”

In the notice available at www.oliveoilsettlement.com, these groups will be referred to as the California Litigation Classes. Members of the California Litigation Classes have the same rights as all Settlement Class members as explained in this notice, except that they will remain part of the case even if the Settlement is rejected, as specified in the section “Special Notice for Members of the California Litigation Classes.”

The deadline to opt out or object to the Bertolli olive oil class action settlement is July 12, 2018.

Who’s Eligible

Class Members of the Bertolli olive oil settlement include anyone who purchased in the United States (not for resale) the following Bertolli products during the relevant time period:

  • Bertolli Extra Virgin Olive Oil between May 23, 2010 and April 16, 2018
  • Bertolli Extra Light Olive Oil between May 23, 2010 and Dec. 31, 2015
  • Bertolli Classico Olive Oil between May 23, 2010 and Dec. 31, 2015
Potential Award

Up to $8.75 per product purchased.

The amount each Class Member is entitled to receive depends on the type and number of Products purchased during the applicable time periods. The Minimum Payment amounts per Product are subject to pro-rata reduction if a large number of claims are received.

Extra Virgin Olive Oil:

  • For purchases made between May 23, 2010 and Dec. 31, 2015, Class Members may claim a minimum payment of $1.75 per product purchased up to a maximum of $8.75 per product.
  • For purchases made between Jan. 1, 2016 through April 16, 2018, Class Members may claim a minimum payment of 75 cents per product up to a maximum payment of $3.75 per product.

Classico or Extra Light Olive Oil (purchased between May 23, 2010 and Dec. 31, 2015): Class Members may claim a minimum of $1.50 per product purchased up to a maximum of $7.50 per product purchased.

Proof of Purchase

Class Members who do not submit proof of purchase may only claim up to five product purchases and will receive a maximum recovery of $25 per household. Household means one or more persons living at the same address.

There is no limit on the total recovery for items for which Class Members submit proof of purchase, such as an itemized retail sales receipt showing, at a minimum, the product name, and the date, place and amount of purchase.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

9/28/2018 *NEW*

The Claim Form deadline will be scheduled on the date that is 30 days after the settlement receives final approval. The Claim Form deadline, when known, will be posted on www.oliveoilsettlement.com.

Case Name

Koller v. Deoleo USA Inc., Case No. 3:14-cv-02400-RS, in the U.S. District Court for the Northern District of California

Final Hearing

8/9/2018

UPDATE: The Bertolli Olive Oil Class Action Settlement was granted final approval on August 29, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On September 21, 2018, an appeal to the Bertolli Olive Oil Class Action Settlement was filed. Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 3: On March 20, 2019, the final appeal to the Bertolli Olive Oil Class Action Settlement was dismissed.  It is not known how quickly claims will be paid.

UPDATE 4: 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!

Settlement Website
Claims Administrator

Koller v. Deoleo Settlement
Claim Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103
1-855-732-9315
info@OliveOilSettlement.com

Class Counsel

Adam J. Gutride
Seth A. Safier
Kristen G. Simplicio
GUTRIDE SAFIER LLP

Hassan A. Zavareei
Jeffrey D. Kaliel
TYCKO & ZAVAREEI LLP

Defense Counsel

Jeffrey B. Margulies
Stephanie A. Stroup
Andy Guo
NORTON ROSE FULBRIGHT

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1,126 thoughts onBertolli Olive Oil Class Action Settlement

  1. Emily Randall says:

    Scrolling through the site and seeing that checks were mailed out and I didn’t receive one and I called the 855 number and of course no one answered

  2. Cheryl Woda says:

    I never received a check or any compensation from filing, and their settlement website is no longer up and running the whole site is down and actually the domaine is for sale!!! WTF??

  3. Faye says:

    I purchased a lot of this olive oil. I am willing to file a Class Action for non payment and damages…

  4. Lisa HOLLINQUEST says:

    Didn’t get mine either

  5. Luann Giannotta says:

    I have not received a check.

  6. Mike says:

    I filed and have not recieved anything? Starting to think this is a joke? And the money went into someone’s pocket?

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.