Filippo Berio Olive Oil Maker Settles ‘Imported From Italy’ Class Action

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,” according to court documents filed Wednesday.

U.S. District Judge Yvonne Gonzales Rogers has been asked to grant preliminary approval to the Filippo Berio olive oil settlement, which will offer compensation to consumers who purchased Filippo Berio brand olive oil products between May 23, 2010 and June 30, 2015.

The proposed olive oil settlement will resolve a class action lawsuit filed by plaintiff Rohini Kumar in May 2014. She argued that the front of the label on Filippo Berio olive oil products indicated the product was imported from Italy, but the fine print on the back of the container states that some olives are actually grown and pressed outside of Italy before being shipped to Italy for blending and bottling.

Kumar alleges that consumers would not have purchased Filippo Berio olive oil product if not for the “Imported From Italy” label. She also contends that the olive oil products were priced higher than they would have otherwise been priced without the alleged misstatements.

Salov has tried to dismiss the olive oil class action lawsuit, but its efforts were ultimately unsuccessful.

Judge Rogers granted Class certification in July 2016. The parties subsequently agreed to engage in mediation, which led to the current settlement proposal.

Salov maintains the labeling of its Filippo Berio olive oil products was truthful and that it was not misleading. However, it has agreed to the class action settlement to avoid the expense and uncertainty of trial.

Under the terms of the proposed olive oil settlement, Class Members may submit a claim for payment of 50 cents per product purchase, with a guaranteed minimum payment of $2 for timely and valid claims.

No proof of purchase will be required for Class Members who submit claims for up to 10 products. Class Members who submit claims for more than 10 products must submit proof of purchase.

In addition to providing compensation to eligible Class Members, Salov has also agreed to remove the “Imported From Italy” phrase from its labels and not use the phrase for at least three years, unless the olive oil product actually does contain 100 percent Italian olives that were grown in Italy. The company will also replace the phrase “Imported From Italy” to simply “Imported.”

A hearing on the matter has been scheduled for Jan. 24.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the green “Follow Article” button at the top of the post.

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

UPDATE 2: 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!