Cento Fine Foods Class Action Says San Marzano Tomatoes Are Misrepresented

A class action lawsuit alleges that San Marzano tomatoes sold by Cento Fine Foods are misrepresented and are really less desirable tomatoes.

Plaintiff Ricardo Sibrian says that Cento Fine Foods sells canned tomatoes from Italy labeled as “Certified San Marzano” tomatoes, but the tomatoes are not the type of tomatoes that consumers expect when they make their purchase.

Allegedly, the San Marzano tomatoes used in many Italian tomato sauces are sought after by consumers for their meaty quality, low seed quantity, elongated shape, and low acidity.

According to the Cento tomatoes class action lawsuit, Cento sells their certified San Marzano product for around twice the price of other tomatoes.

The San Marzano tomatoes class action lawsuit says that consumers are willing to pay a premium for San Marzano tomatoes because they are seen as more effective for various cooking processes than other tomatoes, and are considered to yield a desirable flavor and effect.

According to Sibrian, Cento Fine Foods takes advantage of consumers’ preference for San Marzano tomatoes over other tomatoes by substituting lower-quality tomatoes that were not San Marzano tomatoes and passing them off as a true San Marzano tomatoes in a can.

A representative from Cento Fine Foods contacted Top Class Actions to say the company strongly refutes the “wrongful, frivolous lawsuit” regarding the alleged misrepresentation of Certified San Marzano Tomatoes. The company’s statements are in bold throughout this article.

“Cento Certified San Marzano Tomatoes are meticulously monitored by the strictest quality controls. Our seeds and seedlings are DNA tested to be true San Marzano tomatoes. Our fields and farmers are audited by a third party in Italy who assures that the tomatoes are grown in the rich fertile soil of Sarnese-Nocerino at the base on Mt. Vesuvius in the Campagna. Our San Marzano tomatoes are produced in a facility exclusively dedicated to Cento brand San Marzano tomatoes,” the Cento Fine Foods representative stated.

The Cento San Marzano tomatoes class action notes that consumers may be deceived because they are not able to see inside the can and must rely on the labeling of the can when making their purchasing decision.

Many consumers were financially injured by Cento Fine Foods’ deception because they would not have purchased the tomato product, or would not have paid as much for it had they known that the tomatoes in the can were anything other than San Marzano tomatoes, the plaintiff claims.

“This fraud is abetted by the abundance of lower quality Chinese processed tomato products imported to Italy, more than any other country, to use in the finished tomato products,” the Cento canned tomatoes class action states.

Sibrian says this means that many Italian tomato sauce products are really Chinese tomato products, a claim that is completely false according to Cento Fine Foods when it comes to their tomatoes.

“Cento is the only brand to have full traceability, sustainability, and transparency of San Marzano tomato products. With groundbreaking Find My Field and PAC Traceability, consumers are able to pinpoint the exact field in which the tomatoes in each can of Cento Certified San Marzano Tomatoes are grown,” a representative for Cento Fine Foods states.

The San Marzano canned tomatoes class action further states that according to the Consortium for the Protection of the San Marzano Tomato Dell’agro Sarnese Nocerino, the Italian non-governmental group that represents producers and distributors of San Marzano tomatoes, only five percent of tomatoes marketed as San Marzano tomatoes are real San Marzano tomatoes.

Sibrian’s San Marzano class action lawsuit says that there are serial numbers on the labels of true San Marzano tomatoes to indicate that they are genuine.

However, the plaintiff argues that most consumers would not understand the significance of the serial number or know the difference between a real San Marzano tomato from an imitation one without relying on the truthfulness of the tomato growers and sellers.

Sibrian claims that the process by which the San Marzano seeds are classified is faulty. The class action notes that Bioagricert, the company in charge of certifying that San Marzano seeds are real, only “possibly” certifies if the product is organic, but cannot tell that the seeds are really San Marzano seeds.

He says that this leaves significant room for fraud and passing other tomato seeds off as San Marzano.

Cento Fine Foods says the class action allegations brought by Sibrian are completely unfounded.

“Cento exceeds industry standards in production and has always operated with the highest integrity. Any suggestion to the contrary is absolutely false.

 At Cento, we take pride in the truthfulness and accuracy of our product labels. As always, you can ‘Trust Your Family With Our Family,'” a representative for Cento Fine Foods states.

Sibrian is represented by Spencer Sheehan of Sheehan & Associates PC and by Joshua Levin-Epstein of Levin-Epstein & Associates PC.

The Cento San Marzano Tomatoes Class Action Lawsuit is Ricardo Sibrian v. Cento Fine Foods Inc., Case No. 2:19-cv-00974, in the U.S. District Court for the Eastern District of New York.

UPDATE: On July 5, 2019, Sibrian filed an amended class action lawsuit which includes additional information about the DNA testing of Cento Fine Foods San Marzano tomatoes.