Tomato fraud? Popular Italian food distributor faces lawsuit over ‘false’ branding

Two shoppers in California are looking to sue Cento Fine Foods, alleging it is committing "tomato fraud."

The proposed class-action lawsuit accuses the company of falsely branding its tomato products with claims that it uses San Marzano Certified tomatoes, ABC News reports. That specific type of tomato is grown in Italy’s Campania region, and is prized for its flavor.

In the same way that sparkling wines marketed as champagne should originate from France's Champagne region, under European Union law and international treaties, a true San Marzano tomato should always originate from Campania in southern Italy under E.U. rules.

"Defendant's marketing and labeling of Cento San Marzanos as 'Certified San Marzano' tomatoes is false, misleading, and unfair," the lawsuit states. "They lack the taste, consistency, and other physical characteristics associated by consumers with certified San Marzano Tomatoes."

Tomatoes certified as DOP, or Denominazione d'Origine Protetta, are reviewed by Il Consorzio di Tutela del Pomodoro San Marzano DOP, an independent consortium regulating the tomatoes' origins.

The lawsuit accuses Cento, which is based in New Jersey, of using marketing that is meant to trick consumers into thinking that the company is using certified San Marzano tomatoes in its products.

It specifically alleges that Cento has created "an erroneous impression that they contain DOP certified San Marzano Tomatoes of equivalent quality." The suit is claiming $25 million in compensation to shoppers.

The company claims otherwise on its website.

"Cento Certified San Marzano Tomatoes have always been and continue to be grown and produced in an area known as the Sarnese Nocerino area of Italy. Our production plant in the San Marzano region of Campania, Italy sits in the shadow of Mount Vesuvius," it says.

The company website offers ways for its consumers to track the products they buy back to their origin, including a "Find My Field" option for its tomatoes.

An attorney representing Cento Fine Foods told ABC News that the lawsuit is "entirely without merit" and said the company would "defend this claim vigorously."

The statement added: “We believe this claim is entirely without merit. We have previously successfully defended a comparable lawsuit in New York federal court and will defend this claim vigorously as well, including seeking prompt dismissal.”

It said that it voluntarily stopped seeking certification in the 2010s because of labeling requirements.

The Independent has requested comment from Cento.

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