On Aug. 2, 2018, two lawsuits were filed against Transnational Foods Inc. and J.M. Smucker Co. alleging that certain extra virgin olive oil, or EVOO, products were misleadingly labeled as EVOO when results from a “leading laboratory” “conclusively” established that the products were not in fact EVOO. Because the laboratory tests allegedly concluded that the products were not EVOO, the plaintiffs claim that the defendants’ representations that the products were EVOO were false.

Based on the allegedly false and misleading label, the plaintiffs bring claims under California’s Consumer Legal Remedies Act, False Advertising Law and California Business and Professions Code section 17200, et seq., and for negligent misrepresentation. The plaintiffs seek restitution, compensatory damages and injunctive relief.

Originally published in Law360 on August 28, 2018.