A juicy legal battle is unfolding over canned tomatoes.
Two individuals from California have filed a lawsuit against Cento Fine Foods, accusing the company of engaging in “tomato fraud.” They claim Cento’s canned products do not contain the prestigious tomato variety they advertise, drawing a parallel to a “Ferrari” in the tomato world.
The lawsuit targets Cento, headquartered in New Jersey, as the main offender in this alleged tomato deception across the United States. The plaintiffs argue that the company’s use of “Certified San Marzano” labels is misleading, as stated in the class action lawsuit reviewed by The Post.
According to the court documents, the tomatoes in question fail to deliver the premium taste associated with authentic San Marzano tomatoes. These tomatoes are highly regarded in Italian cuisine for their thicker flesh, reduced seed count, and lower acidity.
“San Marzano tomatoes are likened to the Ferrari or Prada of canned tomato varieties. Enthusiasts argue they justify the higher price compared to other Italian or domestic varieties,” the lawsuit claims.
The filing further accuses Cento of deceptive marketing, stating, “Defendant’s marketing and labeling of Cento San Marzanos as ‘Certified San Marzano’ tomatoes is false, misleading, and unfair.”
“They lack the taste, consistency, and other physical characteristics associated by consumers with certified San Marzano Tomatoes.”
Cento says on its website that its San Marzano tomatoes are certified by Agri-Cert, an independent third-party agency, using strict guidelines created to regulate the variety in Italy.
The luxe red fruits are given special protected status in the European Union, like other regional goods such as Champagne or Parmesan Cheese.
An independent consortium, Il Consorzio di Tutela del Pomodoro San Marzano DOP, verifies that fruits claiming to be San Marzano tomatoes are grown in the authentic region and meet proper criteria, the lawsuit explained.
Cento claimed they voluntarily stopped seeking certification from the consortium in the 2010s due to labeling requirements, ABC News reported.
The class action lawsuit, however, claims Cento was “ejected” as a member of the consortium “for committing fraud.”
Cento says that their luscious tomatoes are produced in the San Marzano region of Campania, Italy, approximately 22 miles southeast of Naples.
The Italian food company even allows customers to trace where their product was grown by using the code on their can, according to its website.
A lawyer for Cento Fine Foods told ABC that the claim is “entirely without merit” and that the company plans to “vigorously” defend the allegations.
“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,” the lawyer said.
The company was the subject of a lawsuit in New York in 2019, claiming that Cento failed to produce as many San Marzano tomatoes as they said.
