Barilla sued for allegedly misleading buyers that their pasta is from Italy

A federal judge in California ruled that a class-action lawsuit against Barilla for misleading consumers that its origins were in Italy could move forward.

The pasta brand has an Italian flag on the box with the phrase "Italy's #1 Brand of Pasta" at the bottom, which plaintiffs claimed could be interpreted to mean that Barilla pasta was made in Italy.

Plaintiffs Matthew Sinatro and Jessica Prost sued Barilla after buying $4 and $2 worth of pasta, respectively.

Although Barilla is headquartered in Parma, Italy, the majority of its pasta sold in the US are produced at its facilities in Iowa and New York.

Barilla also has a U.S. office in Illinois.

Barilla’s website says its tortellini and Oven-Ready Lasagna are both made in Italy.

It added that the machines used, the recipe, and the wheat blend are the same as those they use in Parma, Italy.

In their complaint, the plaintiffs insist that they would not have purchased the product or would not have overpaid had they known of the false misrepresentation.

The plaintiffs alleged that Barilla has falsely labeled itself as an Italian product to increase profits and to obtain an unfair competitive advantage.

In a motion to dismiss the case, Barilla countered that no one could be deceived because all of its US packaging are marked "Made in the USA" and includes the address of their Illinois headquarters.

But Judge Donna M. Ryu ruled that the case could move forward.

Because the plaintiffs know where the products are manufactured and wouldn't suffer any financial consequences from acquiring another $2 package of pasta made in Iowa, no injunctive relief was given.

In addition to asking Barilla to stop using the Italian flag or any references to Italy on its boxes, the plaintiffs also demanded monetary compensation. For the time being, Barilla may continue using its current pasta package.