Court Certifies Class Where Olive Pomace Oil Was Labeled “100% Pure Olive Oil”

The New York federal judge hearing Ebin v. Kangadis Foods Inc., No. 13cv2311 (S.D.N.Y.) denied a motion to dismiss and granted plaintiffs' motion for class certification in this case, in which plaintiffs allege that defendants' falsely label as "100% pure olive oil" a product derived from olive pits and other byproducts of the olive oil production process through chemical and other manipulation. Oil derived from these byproducts is traditionally known as olive "pomace oil," which the court accepted does not meet FDA, USDA, New York, New Jersey, or the U.N.'s definitions of "olive oil." Motion to dismiss; Class certification.