Lawsuit Accuses Cento Fine Foods of Mislabeling San Marzano Tomatoes

A proposed class-action lawsuit filed on May 5 in the U.S. District Court for the Northern District of California accuses Cento Fine Foods of mislabeling its tomato products. The suit, brought by two California residents, alleges the company is falsely branding some products as containing San Marzano Certified tomatoes.

The company said the allegations are without merit and that it will defend the case vigorously. San Marzano tomatoes are a variety of plum tomato from Italy's Campania region that carry protected DOP status in the European Union. An independent consortium, Il Consorzio di Tutela del Pomodoro San Marzano DOP, regulates their production to ensure they are grown in the Sarnese-Nocerino area using specified techniques.

The lawsuit states that true San Marzano tomatoes must be certified by this consortium and that Cento products lack the necessary certification. The complaint alleges the tomatoes used in the products are inauthentic and do not possess the taste, consistency or physical characteristics associated with certified San Marzano tomatoes.

It quotes a blog post on Martha Stewart's website that described authentic San Marzano tomatoes as the "Ferrari or Prada" of canned tomatoes. The lawsuit further claims the company's labeling creates an erroneous impression that the products contain DOP certified San Marzano tomatoes of equivalent quality.

Cento Fine Foods voluntarily stopped seeking certification from the consortium in the 2010s over labeling requirements. The lawsuit alleges the decision was linked to an investigation into counterfeit DOP labeling. The company has previously maintained that its San Marzano tomatoes are grown in the correct Italian region using proper methods and are certified by a different third party.

" The lawyer declined to comment further because of the pending litigation. That earlier New York case, filed in 2020, made similar allegations that Cento was selling an inferior product. A federal judge dismissed the suit after ruling that a reasonable consumer was unlikely to seek out a specific consortium-certified San Marzano tomato over one that met the same standards but carried different certification.

The company stated in 2019 that it takes pride in the quality and integrity of its products and that its labels accurately describe what is inside. The current lawsuit was filed by two shoppers who said they purchased more than a dozen cans of the products.

It seeks more than $25 million for allegedly deceived consumers. The plaintiffs stated they would not have bought the products, especially at a premium price, had they known the tomatoes were inauthentic and illegal to label as such in Italy.

Marzano tomatoes are afforded protected status under European Union rules similar to those for Champagne and Parmesan cheese. The consortium's website specifies that the tomatoes must have an elongated cylindrical shape and an intense red color with yellow shades.

Only products meeting all criteria and certified by the consortium may carry the official DOP designation. The lawsuit argues that the company's marketing and labeling is false, misleading and unfair. It claims consumers associate the certified name with specific taste and quality attributes that the products allegedly lack.