https://www.washingtonexaminer.com/opinion/op-eds/its-hard-to-find-good-olive-oil-and-the-usda-is-making-it-harderDeoleo USA Inc. has reportedly agreed to pay $7 million to settle a class action lawsuit alleging it made misrepresentations about Bertolli olive oil.
Deoleo USA Inc. has reportedly agreed to pay $7 million to settle a class action lawsuit alleging it made misrepresentations about Bertolli olive oil.
According to the Bertolli class action lawsuit, Deoleo misrepresented Bertolli olive oil as being “Imported from Italy” and that it qualified as “extra virgin” olive oil through the “best by” date.
Seven plaintiffs from Arkansas, California, Florida, New York, New Jersey and North Carolina allege claims for violations of deceptive practices laws in their states and assert claims for unjust enrichment.
In their motion supporting preliminary approval of the Bertolli olive oil class action settlement, the plaintiffs urge the judge to certify a nationwide Class of consumers, because Deoleo’s alleged misrepresentations affect consumers uniformly throughout the United States, and because the laws of all 50 states are substantively identical to the laws of at least one of the states represented by the plaintiffs. The judge had previously certified two Classes of California consumers.
The plaintiffs note that Deoleo has already removed the phrase “Imported from Italy” from its products and will not use similar phrasing unless the oil is entirely derived from olives grown and pressed in Italy.
Deoleo has also reportedly started bottling its “extra virgin” olive oil in dark green bottles to protect the product from light degradation. Further, the plaintiffs say that Deoleo agrees to stricter testing protocols during the bottling process, to shorten the “best by” period, and to disclose the date of harvest on every bottle of Bertolli Extra Virgin Olive Oil to help ensure the product meets “extra virgin” standards at the time of sale and use.
Class Members of the proposed Bertolli settlement include anyone in the United States who purchased Bertolli Extra Virgin Olive Oil since May 23, 2010 and anyone who purchased Bertolli olive oil labeled as “Imported from Italy” between May 23, 2010 and Dec. 31, 2015.
Under the terms of the proposed Bertolli olive oil settlement, each Class Member will be entitled to a cash refund of up to $7.25 per bottle purchased. No proof of purchase will be required for Class Members submitting a claim for up to five bottles.
Plaintiff Scott Koller initially filed the Bertolli olive oil class action lawsuit in May 2014. Bertolli repeatedly attempted to escape the litigation, but its motions to dismiss the Bertolli class action lawsuit were denied.
Koller asked a judge to grant Class certification to the Bertolli olive oil class action lawsuit in October 2015. In August 2017, the court certified two Classes of California consumers.
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Koller is represented by Adam J. Gutride, Seth A. Safier and Kristen G. Simplicio of Gutride Safier LLP and by Hasan A. Zavareei and Jeffrey D. Kaliel of Tycko & Zavareei LLP.
The Bertolli Olive Oil Class Action Lawsuit is Scott Koller v. Med Foods Inc., et al., Case No. 3:14-cv-02400, in the U.S. District Court for the Northern District of California.
