To-may-to and to-mah-to may both be correct pronunciations, not all tomatoes are in the same league. A new lawsuit has even alleged that one company is even pulling off what plaintiffs argue is “tomato fraud.”
You might be wondering what “tomato fraud” could possibly mean. Well, if you’ve seen “Wayne’s World” you might know that Champagne is only technically only champagne if it comes from the Champagne region of France, “otherwise it’s sparkling white wine.”
Tomatoes – botanical fruits that are typically used as vegetables in the kitchen due to their savory qualities and have even been legally ruled vegetables, per The Smithsonian magazine – can have similar designations, according to Comissione Europa. When products have qualities specifically linked to the production area, geographical indications establish intellectual property rights, it explained. One of these indications is Protected Designation of Origin, known as DOP or PDO.
According to CBS News, the new lawsuit alleges that New Jersey-based food production company Cento labels its San Marzano tomatoes in a way that suggests an official DOP certification from an Italian consortium known as Il Consorzio di Tutela del Pomodoro San Marzano DOP. It also alleges that Cento’s tomatoes don’t have that certification.
“In 1999 the Consortium for the Protection of San Marzano PDO Tomato (Protected Designation of Origin) was established by local producers, who are committed every day to promoting and protecting the San Marzano PDO tomato, defending its authenticity and reputation in both the national and international market,” the consortium website says.
These plum tomatoes are prized for their bright red color, elongated shape, dense pulp and sweet flavor. According to the consortium, its certified tomatoes are certified for their “high quality and versatility in the kitchen,” particularly in tomato sauces.
While Cento’s San Marzano products don’t appear to mention PDO or DOP, the company does label them as “certified.” Cento’s website says that it goes “to great lengths in monitoring our planting, growing and harvesting processes to ensure our tomatoes retain the world-renowned flavor that makes them so special,” and that it is the only U.S. brand in the Sarnese Nocerino in the Campania Region of Italy, “literally in the shadow of Mount Vesuvius.”
Regarding the “certified” claim, the company states that its San Marzano tomatoes “are certified by an independent third-party agency to ensure their superior quality,” called Agri-Cert.
USA Today reported that California residents Mike Andrich and Natalie Gianne filed the proposed class action lawsuit against Cento Fine Foods, Inc. in this month. They allege that Cento’s marketing of its San Marzano tomatoes is “false, misleading and unfair,” and that the brand’s tomatoes do not taste the same as “authentic” San Marzano tomatoes.
“We filed this class action to secure a permanent injunction stopping the labeling of 'certified San Marzano' on tomatoes that are below the standard for San Marzano tomatoes under Italian law and refunds for all who purchased such products,” Gregory Weston, Andrich and Gianne’s lawyer, told USA Today via email.
Controversy of Cento’s tomatoes goes back to 2010, said the outlet. That’s when Italian police raided Cento’s operations and uncovered 144,000 cans of tomatoes falsely labeled as San Marzano, according to court documents cited by USA Today.
Then, “the operation’s manager was found guilty of forging tomato farmers’ signatures and committing fraud to obtain false certifications for Cento’s products in 2019,” per the outlet. According to CBS, a 2019 lawsuit filed in New York alleged the manufacturer didn’t produce as many San Marzano tomatoes as it claims.
USA Today said Andrich and Gianne are asking the court to order Cento to pay $25 million to class members and $10,000 to each of them. USA Today said Cento did not immediately respond to an inquiry.
