Cert. Sought in Olive Oil Labeling Class Action Lawsuit

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Last week, the lead plaintiff in the class action lawsuit alleging that Bertolli and Carapelli olive oil companies deceive consumers about the quality of their product filed a motion to certify a Class of consumers who allegedly overpaid for inferior olive oil.

Lead plaintiff Scott Koller alleged in his class action lawsuit filed in California federal court that the company Deoleo, the producer of Bertolli and Carapelli olive oils, misrepresents the quality of their olive oil.

Koller contends that he discovered the alleged deception after deciding to buy a bottle of Bertolli extra virgin olive oil for around $12 because it was labeled as extra virgin and “imported from Italy.” He alleges he later found out that the oil was actually mixed with refined oil.

In his motion to certify the olive oil labeling class action lawsuit, Koller contends that certification is appropriate because the alleged mislabeling of the olive oil caused millions of consumers to overpay for the product.

Koller further alleges that Class certification is appropriate because consumers will be unlikely to pursue their own claims because of the small amount each customer was affected by the alleged deception. “Thus, unless a class is certified here, and Deoleo is enjoined from falsely advertising its Bertolli oils, it has an incentive to continue its misleading practices and will continue to defraud consumers out of millions of dollars each year,” he says in his motion seeking certification of the olive oil labeling class action lawsuit.

Koller seeks to certify a Class of California consumers who bought Bertolli Extra Light, Classico or Extra Virgin olive oil from May 2010 to May 2014, as well as a Class of those who bought Bertolli Extra Virgin olive oil from May 2010 and August 2015.

Koller points out that although consumers in his proposed Class may not have bought the olive oil because of the “imported from Italy” label or might not have read it, or purchased the olive oil for other reasons, it is still appropriate to bring his claims for misrepresentation using a class action lawsuit.

“These arguments will all be misguided, because under [California’s unfair competition law], ‘relief is available without individualized proof of deception, reliance and injury’ by absent class members,” Koller says in his motion seeking certification of the olive oil class action lawsuit.

In January, the olive oil labeling class action lawsuit escaped a bid for dismissal by Deoleo. The California federal judge ruled that the plaintiff had sufficiently established his claims at that point and wasn’t required to establish evidence that would prove the case.

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

The Olive Oil Class Action Lawsuit is Koller v. Med Foods Inc. et al., Case No. 3:14-cv-02400, in the U.S. District Court for the Northern District of California.

UPDATE: On April 3, 2018, Deoleo USA Inc. reportedly agreed to pay $7 million to settle a class action lawsuit alleging it made misrepresentations about Bertolli olive oil.

UPDATE 2: On May 18, 2018, the Bertolli Olive Oil class action settlement is now open. Click here to file a claim.

UPDATE 3: On May 7, 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $375.57 from the Bertolli Olive Oil class action settlement. Congratulations to everyone who filed a claim and got PAID!