Filippo Berio Olive Oil Class Action Lawsuit Survives Dismissal

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A false advertising class action lawsuit alleging that Filippo Berio brand olive oil was falsely labeled as “Extra Virgin” and “Imported from Italy” has remained mostly intact after a California federal judge ruled there was no evidence that the plaintiff had read a supposed disclaimer on the back label of the product.

Plaintiff Rohini Kumar filed the Filippo Berio olive oil class action lawsuit in May 2014, alleging the manufacturer, Salov North America Corp., engaged in false labeling practices by stating on the front of the olive oil bottle that the product was imported from Italy, while simultaneously printing a contracting message on the back of the bottle in small print. This disclaimer states 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.

The plaintiff alleges that the “Imported from Italy” statement on the product label is false and violates federal regulations concerning country of origin and misbranding of food products.

Salov submitted a motion to dismiss the olive oil class action lawsuit, arguing that the plaintiff admitted to reading the “best by” date on the Filippo Berio product, which is printed on the back portion of the olive oil bottle label, next to the disclaimer.

The manufacturer argues that Kumar would have seen that statement that is provided to consumers that clearly states that olives from Spain, Greece, and Tunisia were used to create the Filippo Berio olive oil product before it was sent for packaging in Italy.

In a Feb. 3 Order, however, U.S. District Judge Yvonne Gonzales Rogers disagreed with Salov’s argument, finding that the court could not infer or conjecture that the plaintiff had read the disclaimer.

“The court cannot find as a matter of law that Kumar saw of should have seen statements indicating that the olive oil was made from non-Italian olives,” stated Judge Rogers in her memorandum for the olive oil class action lawsuit.

While Salov was not granted this portion of their motion to dismiss the Filippo Berio class action lawsuit, Judge Rogers did dismiss certain other claims, including counts of breach of contract, breach of covenant of good faith, and claims of fair dealings. The court found that Kumar had not presented evidence that there existed any type of contract between her and the manufacturers of Filippo Berio olive oil.

The class action lawsuit further claims that Salov’s extra virgin olive oil product did not meet federal or state requirements that would allow the term “extra virgin” to be included on the product label, since thye allegedly mixed the Filippo Berio olive oil product with refined oils that were then packaged in clear bottles, causing the product to oxidize in the presence of sunlight.

Kumar alleges that Salov was aware that by the time the Filippo Berio extra virgin olive oil product reached the shelves, the product would not qualify as extra virgin under the state and federal statutes.

Salov attempted to dodge this additional labeling claim by arguing that the extra virgin olive oil tested by the plaintiff’s lawyers and included in the complaint were not purchased by the plaintiff, meaning she would have not standing to pursue this false labeling claim.

However, Judge Rogers ruled that the plaintiff was not required to prove her specific bottle of Filippo Berio olive oil had degraded or suffered oxidization, since  the class action lawsuit alleged that the product fell short of various state and federal standards by design.

After some trimming by the court, the Filippo Berio olive oil labeling class action still stands with claims of violations of the California Unfair Competition Law, violations of Consumer Legal Remedies Act, and allegations of fraud and false advertising left intact by Judge Rogers.

Plaintiff Kumar is represented by Adam J. Gutride, Seth A. Safier and Kristen Simplicio of Gutride Safier 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 Mar. 16, 2016, the maker of Filippo Berio olive oil filed another motion to dismiss the class action lawsuit that accuses the company of deceptive marketing arguing that the plaintiff couldn’t prove she ever purchased their olive oil.

UPDATE 2: On May 10, 2016, the plaintiff filed a motion insupport of class certification in the Filippo Berio olive oil lawsuit.UPDATE 3: On July 15, 2016, consumers in a lawsuit against Filippo Berio olive oil have beengranted class certificationfrom 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 4: 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 5: The Filippo Berio Olive Oil class action settlement is now open.Click here to file a claim.UPDATE 6: On Feb. 7, 2019, Top Class Actions viewers startedreceiving checks in the mailfrom the Filippo Berio Olive Oil class action settlement. Congratulations to everyone who filed a claim and got PAID!