Barilla Wins Misleading Label Class Action Over "Italy's #1 Brand"

The phrase "Italy’s #1 Brand of Pasta" on packaging was not unequivocally misleading. Based on the evidence, no reasonable jury could find a likelihood consumers were deceived, ruled Judge Ajay Krishnan of the US District Court for the Northern District of California. "Without an investigation into consumer perception, there's no basis to assume a risk of deception harming buyers," he added.

Filed in 2022, the lawsuit claimed the label suggested the pasta was made in Italy, when it is produced in Iowa and New York. A class action was certified in 2024.

Krishnan excluded the plaintiffs' consumer perception expert testimony, deeming the underlying survey flawed. He stated the survey exclusively asked if the label implied ingredients were from Italy, steering respondents toward that interpretation without allowing for other possibilities.

Without survey results, the plaintiffs' claims hinged on how a reasonable consumer would interpret the label as an unambiguous indication of Italian production and ingredients.

Because the phrase is ambiguous, the judge noted, other package information must be considered. The packaging clearly stated on the sides: "Made in the U.S.A. with U.S.A. and imported ingredients," Krishnan observed.

The judge also rejected the consumers' argument that Barilla's connection to Italy was deceptive.

"It is undisputed that the company was founded in Italy, maintains its headquarters there, and is the most popular pasta brand in Italy," Krishnan stated. "Therefore, Barilla's brand identity tied to Italy is not misleading." Consumers were represented by Clarkson Law Firm PC. Barilla was represented by Faegre Drinker Biddle & Reath LLP and Foley & Lardner LLP. The case is Sinatro v. Barilla Am., Inc., 2026 BL 387079, N.D. Cal., No. 4:22-cv-03460.