Scarpetta Pasta Sauce Class Action Says ‘No Preservatives’ Label Misleading

PVK Inc., makers of Scarpetta Pasta Sauce, have been hit with a class action lawsuit alleging that several of the company’s products are falsely advertised as having “No Preservatives.”

Plaintiff Cindy Jocelyn argues that a number of Scarpetta sauces are misrepresented as preservative free, both online and on the products’ packaging.

Jocelyn argues that PVK wrongly capitalizes on and reaps enormous profits from consumers’ strong preference for food products made free of preservatives. She seeks damages for herself and all similarly affected consumers.

According to the Scarpetta class action lawsuit, the company’s falsely advertised sauces include (but may not be limited to) the following:

• Marinara Sauce
• Arrabbiata Sauce
• Puttanesca Sauce
• Tuscan Vodka
• Cherry Tomato
• Pink Pesto

According to the Scarpetta Pasta Sauce class action lawsuit, all of these sauces contain citric acid, although their advertising declares them to have “No Preservatives.”

Jocelyn claims that this misrepresentation violates statutes in each of the 50 states and the District of Columbia that protect consumers against “unfair, deceptive, fraudulent, unconscionable trade and business practices, and false advertising.”

The Scarpetta Pasta Sauce class action lawsuit goes on to claim that citric acid does indeed qualify as a preservative in the pasta sauces in question.

Jocelyn notes that the FDA expressly classifies citric acid as a chemical preservative in its “Overview of Food, Ingredients, Additives, and Colors,” and that citric acid does not fall into any of the regulatory exemptions from the definition of a preservative.

The plaintiff argues that Scarpetta knowingly misrepresented its products, and that this is proven by the fact that Scarpetta’s Barely Bolognese Sauce is rightly labeled as containing “no preservatives.” She claims that this proves that the company does know how to properly label its products. Jocelyn also alleges that any reasonable consumer would be misled by the products’ advertising.

The Scarpetta mislabeled pasta sauce class action lawsuit claims that PVK has an interest in misrepresenting their products, to capitalize on consumers’ preference for less processed food.

The Scarpetta class action lawsuit cites a report from Mintel that states that “43 percent of consumers agree that free-from foods are healthier than foods without a free-from claim, while another three in five believe the fewer ingredients a product has, the healthier it is.”

Jocelyn claims that she would not have purchased the product had she known that it contained preservatives.

The plaintiff is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Scarpetta “No Preservatives” Pasta Sauce Class Action Lawsuit is Cindy Jocelyn v. PVK Inc., Case 1:18-cv-00427, in the U.S. District Court for the Eastern District of New York.