Capatriti 100% Pure Olive Oil is Misbranded, Class Action Lawsuit Says

Kangadis Food Inc. (d/b/a The Gourmet Factory) is facing a class action lawsuit alleging the company mislabeled and sold pomace oil, an industrially processed oil, as Capatriti “100% Pure Olive Oil.” If you purchased Capatriti 100% Pure Olive Oil packed before March 1, 2013, your rights could be affected by the Capatriti olive oil lawsuit.

Plaintiffs Joseph Ebin and Yeruchem Jenkins initially filed the class action lawsuit in April 2013, accusing Gourmet Factory of unlawful, misleading and deceptive misbranding of its edible oil products.

“Pomace is a byproduct extracted from leftover olive skins and pits using a combination of chemical solvents and high temperatures,” the class action lawsuit says. “Unsurprisingly, because pomace can only be obtained through heating and solvent treatments, it does not appear in pure olive oil. And, although it comes from olives, it is not olive oil.”

According to the class action lawsuit, olive oil consists of a blend of refined olive oil and virgin olive oils, which are obtained from olives by mechanical or other physical means that do not lead to alterations in the oil. Pomace, on the other hand, is “a highly processed industrial fat derived by applying heat and chemical solvents to the olive skins and pits left over from the production of olive oil,” the olive oil lawsuit says. The plaintiffs argue that these definitions are accepted legally, scientifically and commercially.

Recognizing that olive oil manufacturers were seeking to cut costs by infusing the pure olive oils with cheaper oils such as pomace, the U.S. Food & Drug Administration clarified the labeling rules for olive oils and required manufacturers to list the percentage of olive oil that is contained in the product.

The plaintiffs allege in the class action lawsuit that Gourmet Factory intentionally misbrands its Capatriti olive oil as “100% Pure Olive Oil” because olive oil and pomace “arise out of distinct production processes, and any reasonable quality-control check would detect the presence of pomace.” Because the Capatriti olive oil is labeled and sold as premium olive oil, the plaintiffs allege that it commands a significant price premium over pomace products.

“Plaintiffs and Class Members have thus been hit with a costly double-whammy: a premium purchase price for a worthless product,” the olive oil class action lawsuit reads. The plaintiffs cite an August 2012 evaluation from the North American Olive Oil Association which found that the Capitriti brand “100% Pure Olive Oil” is either completely pomace or mixed with pomace and/or other seed oils.

Class Members of the Capatriti olive oil class action lawsuit include “all persons in the United States who purchased Capatriti 100% Pure Olive Oil packed before March 1, 2013.” The plaintiffs have asked for a full refund of the purchase price Class Members paid for Capatriti 100% Pure Olive Oil.

For more information about the Capatriti olive oil class action lawsuit, visit www.KangadisLawsuit.com, keep checking www.TopClassActions.com, or sign up for our newsletter for updates. You can also mark this article as a “Favorite” using your free Top Class Actions Account to receive notifications when this article is updated.

The plaintiffs are represented by Bursor & Fisher PA.

The Capatriti 100% Pure Olive Oil Class Action Lawsuit is Ebin v. Kangadis Food Inc., Case No. 1:13-cv-02311-UA, in the U.S. District Court for the Southern District of New York.

UPDATE: Since the class action lawsuit was filed, Kangadis Food Inc. filed for bankruptcy. On June 12, 2014, plaintiffs filed a new Capatriti olive oil class action lawsuit seeking to hold the former owners of the company liable for the allegedly deceptive branding practices.

UPDATE 2: A federal judge granted summary judgment in favor of Kangadis on Oct. 23, 2014, putting an end to the Capatriti olive oil class action lawsuit.