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Barilla USA wins because of... labeling issues

The brand defeats consumers who filed a class-action lawsuit: “No. 1 Brand in Italy” is not misleading

Barilla has won a class-action lawsuit filed in the United States by a consumer group over the “Italy’s #1 Brand of Pasta” label printed on packaging sold in the U.S. According to the consumer group, the wording suggested the pasta was made with Italian grains in Italy, when it is actually produced in Iowa and New York State.

Well, a Northern California court disagreed: in their ruling, which favored Barilla America, the Yankee subsidiary of the Parma-based giant, the judges clearly stated that the words “Italy’s No. 1 Pasta Brand” do not lead consumers to believe the product is made with Italian ingredients and are therefore not misleading. On this basis, Judge Ajay Krishnan rejected the consumers’ lawsuit, also dismissing the survey conducted by the plaintiffs to support their version. The document was rejected because the question asked to respondents regarding the interpretation of the slogan used by Barilla influenced their answers.

The claim “Italy’s #1 Brand of Pasta” was not deemed misleading because, taking into account the other information printed on the packaging, the provenance of the ingredients and the place of production were explicitly mentioned. The label, in fact, states that the pasta is “Made in the USA, with USA and imported ingredients,” a statement that appears on both sides of the package.

The judges also rejected consumers’ argument that Barilla’s connection to Italy was misleading. “It is undisputed,” the judge’s decision states, “that the company was founded in Italy, that it is still headquartered in Italy, and that it is the most popular pasta brand in Italy. Consequently, Barilla’s Italian brand identity is not misleading.”

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EFA News - European Food Agency
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