Paul Tassin  |  May 11, 2017

Category: Consumer News

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sabatino-black-truffle-oilThree plaintiffs from three different states claim Sabatino truffle oil is falsely labeled to make consumers think it’s made with actual truffles, when in fact it is flavored with an artificial ingredient.

Plaintiffs Patrick Quiroz, Dominique Mirza and Louise Crespo are challenging the labeling on Sabatino White Truffle Infused Olive Oil and Sabatino Black Truffle Infused Olive Oil. Both products are made and marketed by defendants Sabatino Truffles New York and Sabatino North America LLC.

Photos included with this Sabatino truffle oil show the labeling on the products’ bottles. The labeling identifies the products as “Black Truffle Infused Olive Oil” and “White Truffle Infused Olive Oil,” and both labels say the product in the bottle is “all natural.”

These labels would reasonably lead a consumer to believe that Sabatino truffle oil is made using real truffles, the plaintiffs say.

“But Sabatino Truffle Oil is nothing of the sort,” the plaintiffs claim. “[I]instead of flavoring its oil with actual ‘White Truffle[s]’ or ‘Black Truffle[s],’ Defendants’ Products are flavored with an industrially produced, chemically-derived perfume known as ‘2,4-dithiapentane.’”

The plaintiffs say that 2,4-dithiapentane is an artificial compound that mimics the taste and smell of truffles. They claim the 2,4-dithiapentane used in Sabatino truffle oil is not genuine white truffle or black truffle flavoring, as the products’ labeling would reasonably lead a consumer to expect.

According to this Sabatino class action lawsuit, truffles are a type of fungus that grows on tree roots. Culinary truffles have defied attempts at cultivation, and to this day they must be gathered from the wild using dogs trained to track their scent.

Real truffles are a rare delicacy that for many discerning culinary enthusiasts is worth paying a premium price for. However, the defendants’ alleged mislabeling makes Sabatino truffle oil “completely worthless,” the plaintiffs say.

At the same time, Sabatino allegedly charges a “premium” price for these products – more than 10 times the price charged by one different brand of unflavored olive oil, according to the plaintiffs.

All three plaintiffs claim they purchased Sabatino truffle oil on various occasions in 2016. They allege they relied on the products’ labeling, which gave them the impression that the products were infused with authentic white or black truffles. Had they known these products were not in fact infused with real truffles, they would not have bought them, they claim.

The plaintiffs seek to represent a plaintiff Class covering all persons in the U.S. who purchased Sabatino truffle oil. They also proposed subclasses that would cover Class Members from each of their home states of California, Pennsylvania and New York.

They are asking the court to award compensatory, statutory and punitive damages, injunctive relief to prohibit the allegedly false advertising described, restitution and other equitable monetary relief, and reimbursement of court costs and attorneys’ fees.

Plaintiffs’ counsel includes attorneys L. Timothy Fisher, Joel D. Smith and Scott D. Bursor of Bursor & Fisher PA.

The Sabatino Truffle Oil False Advertising Class Action Lawsuit is Patrick Quiroz, et al. v. Sabatino Truffles New York LLC and Sabatino North America LLC, Case No. 8:17-cv-00783, in the U.S. District Court for the Central District of California.

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