Class Cert. Sought in Del Monte Mislabeling Class Action Lawsuit

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Plaintiffs in the Del Monte labeling class action lawsuit that alleges that Del Monte’s labeling misled consumers into believing that their canned tomato products contained antioxidants filed a motion to certify a nationwide Class of consumers on Tuesday.

In 2012, plaintiffs filed the original class action lawsuit in California federal court, alleging that the labeling on Del Monte products, including tomato products and SunFresh fruit products, tricked consumers into believing that the products contained lycopene, an antioxidant, and did not contain artificial flavors and preservatives.

Specifically, the plaintiffs alleged that the labeling on Del Monte tomato products claimed the product contained lycopene and the labeling and placement of SunFresh products misled consumers into believing the product was fresh when the product did not actually need to be refrigerated. Plaintiffs sought to certify the following Class in their motion: “All persons in the United States who, from April 5, 2008, until the date of notice, purchased a Del Monte brand canned tomato product, a Del Monte FreshCut vegetable product or a Del Monte Fruit Naturals or SunFresh fruit product.”

Although the Del Monte class action lawsuit seems to concern two very different allegations regarding the antioxidant claims on Del Monte tomato products and the freshness of Del Monte fruit products. “Del Monte has intentionally misbranded its products in violation of federal and California law across three product lines,” the plaintiffs said.

“Plaintiffs have alleged, and the evidence presented in this motion shows, that the labels on Del Monte’s Tomato Product, FreshCut Vegetable Product and SunFresh/Fruit Naturals product include unlawful and misleading claims that the products: 1) are ‘fresh’ 2) are ‘all natural’ 3) are free of artificial ingredients 4) contain antioxidants, but actually fail to meet the minimal nutritional requirements to make that claim 5) are healthy 6) have ‘no sugar added’ 7) are an excellent source of lycopene and lutein and 8) comply with the applicable standard of identity for its products,” the plaintiffs wrote in their motion seeking certification of the class action lawsuit.

“Del Monte’s Fruit Natural products also understate caloric value, sugar and carbohydrate content,” the plaintiffs continued. “Del Monte’s conduct was systematic and uniform. The labels at issue are alike, regardless of where the product was bought and regardless of the particular flavor of the product.”

The plaintiffs pointed out that class certification was granted in a case where consumers purchased more than 59 flavors of tea because common questions predominated in that class action lawsuit. They argued their class action lawsuit should also be certified.

U.S. District Judge Gonzalez Rogers did not rule on the plaintiffs’ arguments for Class certification at a hearing. However she did express concern about Del Monte’s placement of products in the refrigerated section of grocery stores when the products did not actually require refrigeration. She indicated that this placement did seem to be deceptive.

The plaintiffs are represented by Brian Herrington of Barrett Law Group PA and by Ben F. Pierce Gore of Pratt & Associates.

The Del Monte Mislabeling Class Action Lawsuit is Kosta v. Del Monte Corporation, Case No. 4:12-cv-01722, in the U.S. District Court for the Northern District of California.