August 2013: The Toscano action was voluntarily dismissed without prejudice, the reasons for which have not been disclosed. (Case No. 13-cv-3124, D. NJ.) The next day, plaintiffs filed another class-action lawsuit against The Gourmet Factory for falsely marketing its oil as “100% Pure Olive Oil” when, according to the complaint, it contains pomace. (Toscano et al v. Kangadis Food Inc. d/b/a The Gourmet Factory, Case No. 13-cv-5944, S. D. NY.)
May 2013: A class-action lawsuit was filed against The Gourmet Factory alleging that the company falsely markets Capatriti Olive Oil as being “100% Pure Olive Oil” when, according to plaintiffs, it contains pomace (a solid residue containing skins, pulp, seeds, and stems that is left over after the production of olive oil). (Toscano et al v. Kangadis Food Inc. d/b/a The Gourmet Factory, Case No. 13-cv-3124, D. NJ.)
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.