Barilla Pasta Sauce Class Action Lawsuit Can Proceed, Judge Rules

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Barilla Pasta Sauce Deceptive Labeling Class Action Lawsuit Overview:

• Who: Pasta sauce customers are suing pasta and sauce maker Barilla.
• Why: The customers claim that Barilla labeled its sauces as having “no preservatives” when they actually contain the preservative citric acid.
• Where: The class action is looking to represent consumers in Illinois, California and Kansas.

Pasta sauce customers who say Barilla America Inc. deceptively marketed its sauces as having “no preservatives” have been given the green light to proceed with most of their class action claims against the pasta giant. 

Illinois federal judge U.S. District Judge Martha Pacold ruled that claims brought by plaintiffs  Lynn Bolden, Leroy Jacobs and Harold Nyanjom could proceed under consumer fraud laws in their home states; however, implied warranty and negligent misrepresentation claims could not, Law360 reported. 

In a complaint filed in August 2019, the plaintiffs claim the states’ consumer fraud laws were violated when Barilla put “no preservatives” labels on its jars of pasta sauce even though the products contain the known preservative citric acid. 

The class action can also proceed under breach of express warranty and unjust enrichment claims, however the consumers do not qualify for an injunction, Judge Pacold ruled. 

“They can avoid the issue entirely by buying other sauce, or making other sauce,” she said.

The negligent misrepresentation claims were struck down because the consumers can’t show physical injury of any sort.

“The most the [consumers] allege is that they were exposed to an ingredient … known to aggravate acid reflux [and] cause heartburn and other health problems,” the judge reportedly said. “They do not allege that [they] actually suffered any physical injuries from consuming the products.”

Consumers Have Six Weeks To Amend Their Complaint 

The consumers have six weeks to amend their complaint, which names Barilla’s traditional, chunky traditional, marinara, roasted garlic and tomato and basil recipes.

The trio of pasta sauce consumers are looking to represent other Barilla customers in Illinois, California and Kansas. 

The U.S. Food and Drug Administration recognizes citric acid as a preservative, the lawsuit says. This is the second time Barilla has been sued for the exact same allegations, this time under New York consumer laws. 

What do you think of the claims against Barilla? Let us know in the comments!  

The consumers are represented by Gordon Fauth Jr., Kathryn Ranoa and Mila Bartos of Finkelstein Thompson LLP and Nyran Rasche of Cafferty Clobes Meriwether & Sprengel LLP.

The Barilla Pasta Sauce Deceptive Labeling Class Action Lawsuit is Bolden et al. v. Barilla America Inc., Case No. 1:19-cv-02237, in the U.S. District Court for the Northern District of Illinois.

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