In a summary order, the U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s judgment in favor of Monini North America in a lawsuit alleging that consumers were misled about the truffle content of the company’s truffle-flavored oil. Jessani v. Monini N. Am. Inc., No. 17-2504 (2nd Cir., entered December 3, 2018).

“According to plaintiffs, truffles are the most expensive food in the world,” the court stated. “In this context, representations that otherwise might be ambiguous and misleading are not: it is simply not plausible that a significant portion of the general consuming public acting reasonably would conclude that Monini’s mass produced, modestly-priced olive oil was made with ‘the most expensive food in the world.’ [] This is particularly so given that the product’s ingredient list contains no reference to the word ‘truffle’ and the primary label describes the product only as being ‘Truffle Flavored.’ Accordingly, plaintiffs’ state law consumer protection claims fail.”

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