Filippo Berio Olive Oil Class Action Defendant Seeks Dismissal

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Salov North America Corp., maker of Filippo Berio olive oil, files motion to dismiss a class action lawsuit that accuses the company of deceptive marketing, arguing that the plaintiff couldn’t prove she ever purchased their olive oil.

In May of 2014, lead plaintiff Rohini Kumar filed the class action against the olive oil maker alleging that the company deceived customers by falsely stating on the label that the product was imported from Italy, while simultaneously printing a contracting message on the back of the bottle stating that some of the olives used to make Filippo Berio olive oil are grown in other countries before they are sent to Italy to be blended and bottled.

Salov argued in its motion to dismiss the class action that the plaintiff could not establish that an entire Class of California consumers misunderstood the label to mean that the olive oil was only made from olives from Italy. The olive oil company pointed out that the plaintiff said in testimony that she thinks “imported” means “shipped out of,” which is true, argues Salov.

“Plaintiff’s purchasing experience also illustrates why individual issues would predominate over common issues,” said the olive oil company in its motion to dismiss the class action. “Plaintiff has no proof that she ever purchased Filippo Berio olive oil, does not recall when she bought the product, whether the label said ‘Imported from Italy,’ or what price she paid,” the motion continued.

Salov also argued the class action should be dismissed because the plaintiff said she looks at the expiration date on the bottle when she buys the olive oil and the statement indicating the oil is not made from olives from Italy is located next to that date.

According to the motion to dismiss, the plaintiff’s credibility is also in question because Kumar has been convicted of a felony. Additionally, the plaintiff has a long standing relationship with her attorney, which the olive oil maker argues should cause concern.

The class action has already survived one motion to dismiss earlier this year. The olive oil maker argued that the statement provided to consumers on the Filippo Berio bottle clearly states that olives from Spain, Greece, and Tunisia were used to create the olive oil product before it was sent for packaging in Italy.

The district court judge partially dismissed the motion, but did trim some claims from the class action, including counts of breach of contract, breach of covenant of good faith, and claims of fair dealings. The court found that the plaintiff had not presented evidence that there existed any type of contract between her and the manufacturers of Filippo Berio olive oil. Claims of violations of the California Unfair Competition Law, violations of Consumer Legal Remedies Act, and allegations of fraud and false advertising still stand in the class action.

Kumar is represented by Adam J. Gutride, Seth A. Safier, Marie McCrary and Kristen G. Simplicio of Gutride Safier LLP, and Hassan A. Zavareei, Jeffrey D. Kaliel and Andrew J. Silver of Tycko & Zavareei LLP.

The Filippo Berio Olive Oil Class Action Lawsuit is Rohini Kumar v. Salov North America Corp., Case No. 4:14-cv-02411, in the U.S. District Court for the Northern District of California.

UPDATE: On May 10, 2016, the plaintiff filed a motion in support of class certification in the Filippo Berio olive oil lawsuit.

UPDATE 2: On July 15, 2016, consumers in a lawsuit against Filippo Berio olive oil have been granted class certification from a California federal judge following the judge’s rejection of the olive oil company’s argument that the lead plaintiff was not an adequate Class representative.

UPDATE 3: On Jan. 18, 2017, Salov North America Corp. has reportedly agreed to settle a class action lawsuit alleging it deceptively labeled its Filippo Berio olive oil products as being “Imported From Italy.”

UPDATE 4: The Filippo Berio Olive Oil class action settlement is now open. Click here to file a claim.

UPDATE 5: On Feb. 7, 2019, Top Class Actions viewers started receiving checks in the mail from the Filippo Berio Olive Oil class action settlement. Congratulations to everyone who filed a claim and got PAID!