A popular U.S. food distributor has long promised premium, Italian tomatoes in its products. Two Californians claim the company is committing tomato fraud.
A lawsuit filed this month alleges that Cento Fine Foods, a U.S.-based Italian food distributor, falsely labels its products as containing San Marzano tomatoes.
The tomatoes in question are a premium variety that can be grown only in Italy’s Campania region and are recognized by the food industry as the “Ferrari or Prada” of tomatoes, the lawsuit claims.
Cento, which has won in a similar case in New York, says its tomatoes are from the right region though they do not have the same Italian government certification.
The complaint alleged that the company is falsely branding its tomato products because they lack the proper certification required to use the name.
“They lack the taste, consistency, and other physical characteristics associated by consumers with certified San Marzano Tomatoes,” the lawsuit states.
The plaintiffs in the California suit claim they were misled by deceptive labeling when purchasing the product more than a dozen times in California stores. The lawsuit seeks class-action certification and asks the judge to award more than $25 million to customers.
Cento refuted the claims made in the complaint and will seek dismissal of the lawsuit in court, a company spokesperson told The Times on Monday.
The ongoing battle to define who may use the San Marzano name underscores the importance of food branding at every level.
The case goes beyond regional requirements, such as calling something Champagne because it is made in that part of France. It is more akin to Washington Apples. The Washington Apple label is backed by a system of requirements and checks. Apple growers, even if they are in the Western state, can only label their fruit as a Washington Apple if they have gone through that process. Otherwise, have to use Apples from Washington.
San Marzano tomatoes have protected status in the European Union, meaning that an independent consortium must regulate and certify that the product is grown in the right region and with the proper techniques before it is sold.
Cento says it has the right to use the name as its tomatoes are grown in the same region. Its website offers a detailed description of its harvesting and packaging process, which it says are in line with the consortium’s guidelines. Cento’s tomatoes, however, are certified by an independent third-party agency not affiliated with the consortium.
The lawsuit is meritless, said the company spokesperson, who added that the harvesting process is subject to strict quality controls and is regularly audited.
“We take nothing more seriously than the quality and integrity of our products,” A company spokesperson said. “We take pride in the fact that our labels accurately describe the products inside. Cento is a brand consumers can trust.”
Cento had the consortium’s certification until the 2010s.
A similar case against the company filed in New York was dismissed by a federal judge in 2020. The judge ruled in favor of Cento, ruling that a reasonable customer wasn’t likely to seek tomatoes certified by the consortium over a product that matched the same standards but was certified by a different agency.
The company defended its harvesting methods at the time, claiming the tomatoes are grown in the right region and with the right techniques.
The company’s tomatoes are grown in the Sarnese-Nocerino area of Italy, located near Mt. Vesuvius, according to its website. The tomatoes have an elongated plum shape and a pointed tip.
The third-party certifying body administers random testing throughout the growing process and tests each product that arrives at the company’s New Jersey warehouse before it is released to stores, according to the website.
The website also has a traceability feature, which enables customers to use a can’s lot number to find the field in Italy where the tomatoes were grown.