A class action lawsuit has been filed against Cucina & Amore Inc., alleging the company deceptively markets its sauces as containing “No Preservatives” when in actuality, they do.
Plaintiff Mark Flolo brought the false advertising class action lawsuit after learning that Cucina & Amore sauces contain the preservatives citric acid and absorbic acid despite being labeled as being preservative-free.
According to the 24-page complaint, the following Cucina & Amore sauces are falsely labeled as having No Preservatives:
- Pesto Alla Genovese (citric acid and ascorbic acid)
- Bruschetta Artichoke (citric acid and ascorbic acid)
- Whole Artichoke Hearts (citric acid)
- Piquillo and Artichoke Bruschetta (citric acid)
- Pesto All Firenze (citric acid and ascorbic acid)
- Sun-dried Tomatoes Bruschetta (citric acid)
- Pequillo Peppers & Mango Salsa (citric acid and ascorbic acid)
- Basil Pesto Truffle Sauce (citric acid and ascorbic acid)
- Artichoke Truffle Sauce (citric acid and ascorbic acid)
- Sundried Tomato Truffle sauce (citric acid and ascorbic acid)
- Pesto Alla Siciliana (citric acid and ascorbic acid)
Consumers today are more conscious of the foods they consume; many search out and pay a premium for brands that are less processed with fewer additives. By marketing their sauces as containing No Preservatives, Cucina & Amore wrongfully capitalizes on and reaps enormous profits from consumer demand for less processed, preservative free products.
Floflo is one of those consumers. He claims in the Cucina & Amore class action lawsuit, that when he purchased Sundried Tomato Pesto Sauce at a Safeway in Livermore, California for $3.99, he believed he was getting a product free of preservatives. However, he learned that the sauce actually contained citric and absorbic acids. Therefore, he was duped into paying money for a sauce that failed to deliver the qualities it promised and was misled as to its actual contents.
The FDA defines a chemical preservative as “any chemical that, when added to food, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, oils extracted from spices, substances added to food by direct exposure thereof to wood smoke, or chemicals applied for their insecticidal or herbicidal properties.” Citric acid and ascorbic acid have precisely this effect.
Flolo brings this proposed consumer class action lawsuit on behalf of all persons nationwide who purchased Cucina & Amore products for consumption. He is also seeking to represent a California subclass.
The Cucina & Amore class action lawsuit is asking the court to award compensatory and punitive damages as well as an order enjoining the company from representing that its sauces are preservative-free.
Flolo and the proposed classes are represented by CK Lee of Lee Litigation Group, PLLC. and Nadir O. Ahmed of Noa Law: Law Office of Nadir O. Ahmed.
The Cucina & Amore False Advertising Class Action Lawsuit is Flolo et al v. Cucina & Amore Inc., Case No. 18-cv-6374, in the U.S. District Court for the Northern District of California.
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