Monini Truffle Olive Oil Class Action Dismissal Upheld by Circuit Court

The Second Circuit affirmed the decision of a lower court to dismiss a class action lawsuit filed over the lack of real truffles inside Monini’s White Truffle Flavored Extra Virgin Olive Oil.

A three-judge panel determined that it was unreasonable for the plaintiffs to be under the impression that most consumers purchased the truffle scented olive oil based on the belief that real truffles were inside.

The original Monini class action lawsuit was filed in May by lead plaintiffs Vinay Jessani and Wendy Burnett.

The plaintiffs argued that the makers of the olive oil engaged in deceptive advertising on their White Truffle Flavored Extra Virgin Olive Oil.

The plaintiffs say that they were duped into purchasing the olive oil under the assumption the product was flavored with actual truffles.

According to the truffle olive oil class action, the company actually uses a compound that mirrors the scent and taste of truffles.

The Monini class action lawsuit was thrown out by the lower court in August. U.S. District Judge Louis L. Stanton determined that no reasonable consumer would be under the impression that a product flavored like truffles contained real truffles inside.

The court judge pointed out that given the modestly priced olive oil product which was also mass produced by Monini, that no reasonable purchaser would have selected the item because they assumed it was made with real truffles.

As pointed out by the judge handling the Monini class action lawsuit and later affirmed by the higher court, the olive oil ingredient list did not list truffles as included and the main label of the olive oil only promised that the oil was truffle flavored.

However, the consumers argued in their appeal that whether or not a reasonable consumer would believe truffles were inside had to do with the facts of the case that should be reviewed in summary judgment rather than being tossed at the motion to dismiss stage.

The panel reviewing the Monini class action lawsuit on appeal determined that previous court rulings allowed for a case to be dismissed at that level.

The judges further stated that the lead plaintiffs had to illustrate that the labeling of the product would mislead not just a few consumers but a large portion of the general public, too.

The use of the word “flavored” also indicates that the product tastes or smells like the real thing, but does not require a company to use the real material named.

The panel also pointed out that the plaintiffs’ own statements about the expensive and exclusive nature of real truffles showed that most consumers would not believe that a lower-priced olive oil was made with the real product.

The product in question retails for $12, a fact the panel says highlights just how few consumers would believe that truffles were inside.

The consumers in the proposed Monini class action lawsuit are represented by Joshua D. Arisohn of Bursor & Fisher PA.

The Monini White Truffle Flavored Extra Virgin Olive Oil Class Action Lawsuit is Vinay Jessani, et al. v. Monini North America Inc., Case No. 17-02594, in the U.S. Court of Appeals for the Second Circuit.