Four years ago, we told about some consumers who sued Barilla because despite the front of the package proclaiming “ITALY’S #1 BRAND OF PASTA,” their products are really made in the U.S.A. [See prior story.]
A few weeks ago, the company asked the judge to find in their favor without a full trial. He granted their request. (See decision.)
The consumers’ lawyers presented evidence that over half of consumers seeing that claim thought the product’s ingredients were sourced from Italy. The company’s lawyers presented survey evidence that only 42% of consumers thought that. The judge found the front label claim to be ambiguous, and thus reasonable consumers might seek more information. And that additional information was on the side panel of every box:
*MOUSE PRINT:
Ultimately, the judge ruled for the company.
Some courts in other cases have said that a claim on the primary (front) panel of a product package governs, and that other explanatory language on the back cannot undo a misleading impression created by the claim on the front.
If you look at Barilla packages today, you will see that the #1 pasta in Italy claim is no longer there. The company said they planned this change before the lawsuit.
I’m honestly on Barilla’s side here. Surely Coca-Cola can advertise itself as the most popular brand of soda in Mexico even if the bottled coke they sell in the US is made in the US. I don’t think “#1 brand in X” is in and of itself a declaration of where something is made.
Presumably the advertisement is designed to have the consumer believe that the pasta is made with the same recipe as what’s made in Italy, and I think that’s endorsed by the fact that it clearly says it was made in the US on the side of the box.
A BIG TO-DO ABOUT NOTHING OTHER THAN A MONEY GRAB.
The plaintiff lost. I wonder if the suit was taken on contingency.
If not, as usual, lawyer made bank.
Barilla, seemingly recognizing they were walking on the edge,
stepped back and removed the questionable claim.
A DECISION MADE (AHEM) BEFORE THE LAWSUIT, OF COURSE.
Maybe they can now claim “Favorite pasta in the south side of Boston,”
hoping that Prince won’t sue.
Unless I were in Italy, I really don’t care if they say they are “ITALY’S #1 BRAND OF PASTA”. Some consumers are just looking for easy money. Now, if someone got sick or died because of a “defective” product, that would be grounds for a lawsuit.