Californian court rejects class action against Barilla: the slogan 'Italy\'s #1 Brand of Pasta' is not misleading

ROME – Writing “No. 1 pasta brand in Italy” does not lead the consumer to believe that the product is made with Italian ingredients. And therefore it is not deceptive. A court in northern California wrote this in a ruling favorable to Barilla America Inc.. The subject of the class action was the “Italy's #1 Brand of Pasta” label printed on packages for sale in the United States. According to the consumer group, the formula implied that the pasta was made with Italian grains in Italy, while it is produced in Iowa and New York state. Justice Ajay Krishnan rejected this approach. And it also rejected the survey carried out by the appellants in support of their version, because the question posed to the interviewees on the interpretation of the slogan used by Barilla influenced the answers. The wording was therefore not considered misleading because, taking into account the other information printed on the package, the origin of the ingredients and the place of production were explicitly mentioned: "Made in the USA, wit USA and imported ingredients", written on both sides. Consumers' argument that Barilla's link with Italy was misleading was also rejected. “It is undisputed that the company was founded in Italy, that it still has its headquarters in Italy and that it is the most popular pasta brand in Italy – said Krishnan – therefore, the Barilla brand identity linked to Italy is not misleading.