A new class action accuses pasta maker Barilla of misleading consumers by claiming theirs is "Italy's #1 brand of pasta."
Paula Slouras, on behalf of herself and others, filed a new class action against Barilla America Inc. on Feb. 14 in Cook County Circuit Court. The lawsuit asserts Barilla's packaging is intentionally mislabeled, misleading consumers. The suit alleges violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), for intentionally mislabeling products to depict the appearance of a pasta produced in Italy using only Italian ingredients, misleading her unfairly as a consumer she claims.
Challenging the veracity of the claims food manufacturers prominently display on their packaging, Slouras joins another currently unsettled 2022 class action also against Barilla filed by Jessica Prost of Los Angeles and Matthew Sinatro of San Francisco.
In nearly identical cases, Slouras states in court documents, that the Illinois-based company founded in Italy in 1897, promotes their products as "Italy's #1 Brand of Pasta". According to their website, with the exception of Barilla's Tortellini and oven-ready lasagna still manufactured in Italy, the remaining products are manufactured in New York and Iowa using globally sourced ingredients that are not necessarily from Italy.
In both cases, the plaintiffs argue a reasonable person would have been misled by the prominent packaging . Although she likes the product and intends to purchase it again, Slouras states in court documents that she would only do so if the packaging was an accurate reflection of the product's true character. She further stipulated that most people of average intelligence, would have been equally misled by the alleged false advertising.
Barilla is just one amid a burgeoning trend challenging food manufacturers as to the validity of their claims in the legal arena. Salouras is also not a rookie on the subject of false advertising. This is Salouras' second case against a large food manufacturer. In 2021, Salouras filed a nearly identical class action against Sara Lee Bakery. That case was voluntarily dismissed when a similar case against Sara Lee settled out of court.
Plaintiffs are demanding a trial by jury, damages, court costs and attorney fees.
Attorneys for the plaintiffs are Peter S. Lubin and Patrick Austermuehle of Lubin Austermuehle, of Oak Brook Terrace, and Bruce W. Steckler, of Steckler Wayne Cherry & Love, of Dallas.