Filippo Berio Olive Oil

September 2018: The Ninth Circuit Court of Appeals affirmed the district court’s decision to approve the settlement.

September 2017: The Sweeney appeal was dismissed for lack of jurisdiction. The Frank appeal remains pending.

August 2017: Another objector (Sweeney) filed a Notice of Appeal regarding the July 2017 decision to approve the settlement.

July 2017: A federal judge granted final approval of the settlement. Later in July, an objector (Frank) filed a Notice of Appeal regarding the approval of the settlement.

January 2017: A federal judge preliminarily approved a settlement of this lawsuit.

According to the settlement terms, class members may receive $0.50 for each product purchased (with a minimum payment of $2). Class members without proof of purchase may receive such partial refunds for up to 10 products per household (or a maximum award of $5) but must provide proof of purchase if seeking refunds for more than 10 products.

In addition, the company has replaced the phrase “Imported from Italy” with the term “Imported” from labels on products imported into the United States, and agreed not to use phrases suggesting that olive oil originates from olives grown in Italy unless the oil is extracted in Italy from olives grown in Italy. The company agreed to keep these changes in place for “at least three years.”

A final fairness hearing is scheduled for May 30, 2017. For more information, go to http://www.snaoliveoilsettlement.com/.

July 2016: A federal judge certified the class of consumers alleging that the oil was mislabeled as “Imported from Italy.”

January 2016: The named plaintiff withdrew the claims that the olive oil at issue does not qualify as “extra virgin.” The claims were dismissed with prejudice. The other claims in the lawsuit will move forward.

May 2014: A class-action lawsuit was filed against Salov North America Corp. and Italfoods, Inc. for allegedly mislabeling several olive oil products, including Filippo Berio Extra Virgin Olive Oil, Filippo Berio Olive Oil, and Filippo Berio Extra Light Olive Oil. Among other things, plaintiffs claim that the companies label olive oil as “imported from Italy” when, in reality, it is not made from olives that are grown or pressed in Italy. In addition, the complaint alleges that the companies misleadingly label their products as “extra virgin” olive oil when, in reality, the oil does not qualify as “extra virgin” at the time of sale. (Kumar et al v. Salov North America Corp. and Italfoods, Inc., Case No. 14-cv-02411, N.D. Cal.).

For more information about the deceptive marketing of olive oil, see Are Italy’s Virgins Deceiving Us?

For more information about other class-action lawsuits regarding the misleading marketing of olive oil products and TINA.org’s coverage of the issue, click here.

 

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When a complaint is dismissed with prejudice, it cannot be refiled.

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