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ARTICLE · 25 OCTOBER 2022

Barilla's Motion To Dismiss False Ad Class Action Denied

On October 17, U.S. Magistrate Judge Donna M. Ryu denied Barilla America Inc.'s motion to dismiss a putative class action lawsuit that accused it of falsely representing its pastas as made in Italy...

United StatesLitigation, Mediation & Arbitration
  • On October 17, U.S. Magistrate Judge Donna M. Ryu denied Barilla America Inc.'s motion to dismiss a putative class action lawsuit that accused it of falsely representing its pastas as made in Italy [subscription to Law360 required]. The plaintiffs, Jessica Prost and Matthew Sinatro, allege that the company's federally trademarked phrase, "Italy's #1 Brand of Pasta," which is declared on the principal display panel and is accompanied by green, white, and red colors, is misleading to reasonable consumers and leads them to believe that the pasta products are made in Italy or with ingredients sourced from Italy, when the products are actually made in the United States.
  • According to Barilla, the purpose of the trademark is to identify Barilla to consumers as the entity that made the products, and that it is not misleading to "invoke the Company's Italian roots through generalized representations of the brand as a whole." Further, Barilla argues that the plaintiffs

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