San Merican Tomatoes Falsely Advertised as San Marzano Variety, Class Action Says [DISMISSED]

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action claims Simpson Imports, Ltd. misrepresents that its cans and boxes of San Merican Tomatoes (SMT) contain real San Marzano tomatoes when the products are actually of the “inferior” Roma variety.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 18-page false advertising lawsuit stresses that San Marzano tomatoes are highly sought-after and widely considered the best tomatoes for making sauces. The lawsuit alleges that Simpson Imports has deceptively designed the label of its San Merican crushed, diced, whole peeled and pureed tomatoes to trick consumers into believing that they are purchasing genuine San Marzano tomatoes when, in reality, they are paying significantly higher prices for “inferior” Roma tomatoes.

The complaint notes that compared to the Roma variety, San Marzano tomatoes are sweeter, stronger and less acidic in taste, with thicker flesh and fewer seeds. As a result, consumers are willing to pay prices for San Marzano tomatoes that are typically double or triple the price of Roma tomatoes, the filing says.

As the case tells it, Simpson Imports deceives consumers by including on the labels of its products illustrations of San Marzano tomatoes that feature the letters “SMT.” Although the abbreviation stands for “San Merican Tomato,” the suit contends that this design is “highly misleading” since many consumers will assume the letters refer to “San Marzano Tomato.”

“Defendant attempts to skirt around this potential for misunderstanding by writing out what SMT stands for within the ‘SMT’ lettering on its Products’ packaging,” the suit reads. “The result is lettering so comically miniscule that it is almost impossible to see with the naked eye.”

The filing stresses that because SMT’s packages are opaque, consumers must rely on the label of the can or box to communicate which type of tomato they are purchasing. Even after purchase, it’s difficult for buyers to determine if SMT’s whole tomatoes resemble the thinner shape of the San Marzano variety because the product comes covered in juice and tomato puree. For consumers who purchased crushed, diced or pureed tomatoes, it’s impossible to determine which variety they bought based on the product’s original shape, the suit adds.

Per the complaint, consumers would not have purchased the products at issue, or would have paid significantly less for them, had they known they were buying Roma, and not San Marzano, tomatoes.

The lawsuit looks to represent anyone in the United States who purchased canned or boxed San Merican Tomatoes, except for those who made such purchases for resale.

ClassAction.org will update this page with any major developments, including in the event of a class action settlement, so be sure to check back often.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.