California Chefs Claim EVOO Fails to Meet Regulatory Standards
Seeking to represent a statewide class of all those who purchased extra virgin olive oil during a four-year period, one of Bravo TV’s “Top Chefs” and individual consumers have sued companies that make and sell the product, alleging that it often does not meet international and U.S. standards. Martin v. Carapelli USA, LLC, No. BC442300 (Cal. Super. Ct., Los Angeles Cty., filed July 30, 2010). The complaint cites a June 2010 study conducted by University of California at Davis’s Olive Oil Center researchers who apparently concluded that samples of imported olive oil labeled as “extra virgin” often did not meet applicable standards. They allegedly determined that the failures could be attributed to (i) oxidation from poor handling, (ii) “adulteration with cheaper refined olive oil,” or (iii) oil made from inferior olives, processing flaws, and/or improper oil storage.
According to the complaint, “For years, chefs and home cooks have shared anecdotal tales of extra virgin olive oil that just did not taste right. It has now become clear that these tales were based in fact.” The plaintiffs contend that the defendants’ products “do not warrant the high standard of ‘extra virgin’ and, therefore, are not worthy of the premium price charged for extra virgin olive oil.” They refer to a Los Angeles Times article indicating that “the so-called ‘extra virgin’ olive oil [is] sold for almost 80% more than it is worth.” Alleging fraud, negligent misrepresentation, breach of warranty, false advertising, and unjust enrichment, the plaintiffs seek class certification, legal and equitable remedies, punitive damages, an accounting, an award of profits, statutory penalties, attorney’s fees, costs, and interest.
