A California federal court has certified two classes alleging that
Deoleo USA Inc., importer of Bertolli and Carapelli olive oils,
misleadingly labeled its products as “extra virgin” and “imported
from Italy.” Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal.,
entered August 24, 2017). Details on the court’s denial of a motion
to dismiss appear in Issue 550 of this Update.

The court held that the question is whether the manufacturer
“breached any legal obligation to take reasonable steps to ensure
its oils meet the standards at least until the ‘best by’ date” on the
bottle, a question that is subject to determination on a class-wide
basis and predominates over any individual issues.

 

Issue 645

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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