When is a tomato not a tomato?

False advertising claims hound Italian tomato producer. Again.

Fans of authentic Italian cooking may have found themselves in the middle of a legal food fight. A new California lawsuit accuses Cento Fine Foods of misleading consumers by marketing its canned tomatoes as authentic San Marzano tomatoes, even though the products allegedly lack the official Italian DOP certification tied to tomatoes grown in a specific region of Italy.

According to the complaint, Cento instead relies on a third-party certification process after parting ways years ago with the official Italian regulatory consortium. Cento denies the allegations, calling the lawsuit meritless and noting that it previously defeated a similar claim in 2019.

Key Takeaway

False advertising laws do not just apply to outrageous claims or fake products. Geographic origin claims, certification marks, and references to “official” standards can all create potential liability if consumers are likely to be confused. Businesses should carefully review product labels, marketing materials, websites, and certification references to ensure that claims are accurate, substantiated, and unlikely to imply endorsements or approvals that do not actually exist.

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