OAKLAND, Calif. (Legal Newsline) – Three California residents are suing a food distributor over allegations that they were sold tomatoes that were not from a specific region of Italy.
Derek Snarr, J. Michael Duca and Candace Goulette, individually and on behalf of all others similarly situated, filed a complaint on May 15 in the U.S. District Court for the Northern District of California against Cento Fine Foods Inc. and Does 1 through 50 alleging violation of the California Unfair Competition Law, the California Consumers Legal Remedies Act and other counts.
The plaintiffs allege they purchased Cento Certified San Marzano Tomatoes that were distributed by the defendant. The suit states that the plaintiffs purchased the defendant's tomatoes under the belief that the tomatoes were indeed San Marzano tomatoes from the Agro Sarnese-Nocerino region in Italy, as the defendant labels each product as “San Marzano certified peeled tomato.”
The plaintiffs allege the defendant’s tomatoes are not authentic San Marzano tomatoes. The plaintiffs allege that they would not have purchased the tomatoes had they known that the tomatoes were not authentic San Marzano tomatoes.
The plaintiffs are seeking a trial by jury, restitution, attorneys' fees, costs, interest and other relief deemed fit. They are represented by Daniel L. Warshaw of Pearson Simon & Warshaw LLP in San Francisco; Todd D. Carpenter and Edwin J. Kilpela of Carlson Lynch LLP in San Diego and Pittsburgh; Melissa S. Weiner and Joseph C. Bourne of Pearson, Simon & Warshaw LLP in Minneapolis.
U.S. District Court for the Northern District of California case number 3:19-CV-2627