Ninth Circuit Affirms Approval of Settlement in Class Action Over Labeling of Olive Oil

Sep 13, 2018 5382

The Ninth U.S. Circuit Court of Appeals yesterday rejected a class member’s challenge to the settlement of an action under which purchasers of Flippo Berio olive oil—which proclaimed on their labels, “Imported From Italy”—-will receive, subject to provisos, 50 cents for every bottle they purchased between May 23, 2010 and June 30, 2015.

The settlement came after two years of litigation and the production of about 30,000 pages of documents. According to the complaint filed by consumer Rohini Kumar on May 23, 2014 against the importer of the olive oil, Salov North America Corp and Italfoods, Inc.: “[B]y stating ‘IMPORTED FROM ITALY’ Defendants lead consumers to believe that these Products are made from Italian olives or. at a minimum, are pressed in Italy. This is false and deceptive. In fact, none of the Mock Italian Products are made from olives grown in Italy. Nor are they pressed in Italy. Rather, the Mock Italian Products are made from oil pressed in many different countries, trucked or shipped to Italy, mixed with oil from other countries, bottled and then exported.”

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