On Monday, an order on pasta brand Barilla Inc’s motion to dismiss was filed in the Northern District of California. The motion seeks to counter the plaintiffs’ claim that Barilla falsely advertised their product to make consumers believe they were buying pasta that was made in Italy.
In particular, the plaintiffs argued that the words “Italy’s #1 brand of pasta” alongside the colors of the Italian flag led them and other consumers to pay a premium for the pasta, thinking it was made in Italy. Barilla is made in the United States and uses ingredients that do not come from Italy.
The court’s order partially granted the dismissal bid, solely tossing the request for injunctive relief. The court claimed that the plaintiff was unable to prove a real and immediate threat of repeated injury. All other claims for relief mentioned in the motion to dismiss were found to be valid.
The surviving claims include violations under the California Unfair Competition Law, California False Advertising Law, California Consumers Legal Remedies Act, Breach of Warranty, and Unjust Enrichment/Restitution, all of which can be found in the initial complaint According to the order, any second amended complaint must be filed within 14 days of the date of this order.
The plaintiff is represented by Clarkson Law Firm.
