Class Action: Cento Fine Foods Deceptively Claims ‘San Marzano’ Tomatoes are Authentic

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A proposed class action out of California’s Northern District alleges Cento Fine Foods labels some of its tomatoes as “Certified San Marzano” even though they are grown outside of the Agro Sarnese-Nocerino region of Italy. 

Stressing the large consumer demand for genuine San Marzano tomatoes, the lawsuit explains tomatoes grown in the Agro Sarnese-Nocerino region, with its rich volcanic soil and warm coastal climate, have a superior look and taste compared to those grown elsewhere in Italy. San Marzano tomatoes are kept on the vine longer than tomatoes grown in the United States, the case adds, and are coveted due to their low acidity, firm pulp, easy-to-remove skin and low seed count, among other attributes, not least of which is flavor. Authentic San Marzano tomatoes are certified with a “Denominazione di Origine Protetta (D.O.P.)” marking, which is given out by only one entity, according to the suit.

The lawsuit points out that although true San Marzano tomatoes are grown only in Agro Sarnese-Nocerino within the Campania region, other farms located within the same region also grow tomatoes. According to the plaintiffs, Cento Fine Foods attempts to confuse consumers by claiming tomatoes grown in the Campania region outside of Agro Sarnese-Nocerino are actually San Marzano tomatoes.                                                                             

“The false belief created by Defendant’s Product labeling and packaging is a material factor in influencing consumer purchase decisions,” states the suit.