A class action lawsuit has been filed against a major food manufacturer, alleging deceptive marketing practices that misled consumers about the origin of its pasta sauce products. The complaint was lodged by Nancy Sarrubbo in the United States District Court for the Eastern District of New York on September 27, 2024, targeting Zidian Manufacturing, Inc.
The crux of the case revolves around Zidian Manufacturing's "Little Italy in the Bronx" pasta sauce line. According to the complaint, these products are marketed with labels and imagery suggesting they are produced in the Bronx, New York. However, as revealed in the filing, these sauces are actually manufactured in Ohio. Phrases such as “Little Italy in the Bronx,” “New York’s Authentic Little Italy, For Over 100 Years,” and “Arthur Avenue” adorn the product labels alongside images of Arthur Avenue in the Bronx. These representations allegedly create a false impression among consumers that they are purchasing authentic Bronx-made pasta sauces.
Plaintiff Nancy Sarrubbo claims she purchased these products under the belief they were made in the Bronx due to these misleading labels. The lawsuit argues that reasonable consumers would not have bought or paid a premium for these products had they known their true origin. This deception is said to have caused economic harm to consumers who paid more for what they believed were authentic Bronx-made sauces but received Ohio-produced goods instead.
The complaint further references a decision by the United States Trademark Office which refused to grant Zidian Manufacturing a trademark for "Little Italy in the Bronx," citing it as geographically descriptive and deceptive. Despite this refusal, Zidian continued using this branding on their products.
Sarrubbo seeks monetary damages for herself and other affected consumers under New York General Business Law Sections 349 and 350, which prohibit deceptive business practices and false advertising respectively. She demands compensatory damages, statutory damages of $50 per unit purchased under GBL § 349 and $500 per unit under GBL § 350, as well as punitive damages. Additionally, she calls for an order certifying this lawsuit as a class action to include all similarly affected consumers within New York.
Representing Sarrubbo are attorneys Michael R. Reese from Reese LLP based in New York City; Charles D. Moore from Reese LLP’s Minneapolis office; and Ben Travis from Ben Travis Law APC located in San Diego. The case ID is Civil Action No.: 24-cv-6863.