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February 2019: The appeal was dismissed for failure to prosecute because the objector did not file an opening brief.
September 2018: A class member who objected to the settlement agreement filed a Notice of Appeal regarding the district court’s decision to grant final approval.
August 2018: A federal judge granted final approval of the settlement agreement.
April 2018: A federal judge preliminarily approved a settlement agreement that would resolve this lawsuit. According to its terms, class members may receive a cash refund ranging from $0.75 to $1.75 for each product purchased. Class members who do not have proof of purchase may receive refunds for up to five purchases and a maximum total refund of $25 while there is no cap on the total amount paid to class members who have proof of purchase. In addition, the company has stopped marketing oils as “Imported from Italy” and has agreed to continue to do so for a period of three years, and has started using dark green bottles for Extra Virgin Olive Oil products to protect them from light degradation. A final fairness hearing is scheduled for August 9, 2018. For more information, go to http://www.oliveoilsettlement.com/.
May 2014: A class-action lawsuit was filed against Deoleo USA and Med Foods for allegedly mislabeling several olive oil products – including Bertolli Extra Virgin Olive Oil, Bertolli Classico Olive Oil, and Carapelli Organic Extra Virgin Olive Oil – as “imported from Italy” when, according to plaintiffs, the oil is not made from olives that are grown or pressed in Italy. In addition, plaintiffs claim that the companies misleadingly represent that products are “extra virgin” olive oil when, according to the complaint, the oil does not qualify as “extra virgin” at the time of sale. (Plaintiffs filed an amended complaint removing several of the products at issue – including all of the Carapelli oils – in April 2018.) (Koller et al. v. Deoleo USA, Inc. and Med Foods, Inc., Case No. 14-cv-02400, N. D. CA.).
For more information about the deceptive marketing of olive oil, see Are Italy’s Virgins Deceiving Us?
For more information about other class-action lawsuits regarding the misleading marketing of olive oil products and TINA.org’s coverage of the issue, click here.
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