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,…
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A federal court has dismissed a putative class action alleging Monini North America's truffle olive oils do not contain truffles, holding that the plaintiffs’ concession that the oil tasted and smelled like truffles was fatal to their claims. Jessani v. Monini N. Am., No. 17-3257 (S.D.N.Y., entered August 3, 2017). Additional details about the complaint appear in Issue 633 of this Update. To prevail on a claim of deceptive advertising, a plaintiff must allege that the deceptive behavior was likely to mislead a reasonable customer, the court noted, but Monini's product label calls the product “White Truffle Flavored Olive Oil” and identifies only two ingredients: olive oil and aroma. “Courts routinely conclude that where a product describes itself as substance-flavored despite not containing the actual substance, and the ingredient label truthfully reflects that fact, as a matter of law the product would not confuse a reasonable consumer acting reasonably under…
Two proposed class actions have been filed in California claiming false labeling of truffle-flavored olive oil. Schiffman v. Urbani Truffles, No. 17-935 (E.D. Cal., filed May 3, 2017); Quiroz v. Sabatino Truffles, No. 17-783 (C.D. Cal., filed May 3, 2017). The plaintiffs argue that the olive oil producers add 2,4 dithiapentane to flavor their products instead of truffles and sell the “truffle infusions” at markups as high as 1,400 percent over the price of plain olive oils. The actions claim violations of the Magnuson-Moss Warranty Act and state consumer protection laws. Details on similar lawsuits in New York appear in Issue 633 of this Update. Issue 634
Two putative class actions allege that Trader Joe’s “Black Truffle Flavored” olive oil and Monini’s “White Truffle Flavored” olive oil are flavored with synthetic chemicals rather than truffles. Brumfield v. Trader Joe’s, No. 17-3239 (S.D.N.Y, filed May 2, 2017); Jessani v. Monini N. Am., No. 17-3257 (S.D.N.Y., filed May 2, 2017). The plaintiffs argue that the products are sold for significantly more—34 percent more for Trader Joe’s and 459 percent more for Monini—than olive oil without additional flavoring. Claiming violations of the Magnuson-Moss Warranty Act and state consumer protection statutes, the plaintiffs seek class certification, an injunction, damages, restitution and attorney’s fees. Issue 633
