Simpson Imports Ltd., a Jenkintown-based tomato seller, has received a lawsuit alleging that the company has used “highly misleading tomato packaging” on its canned and boxed San Merican Tomatoes, the Philadelphia Inquirer reported today.

The lawsuit is expected to proceed in federal court. Simpson initially tried to have the case dismissed, but a California judge ruled that the plaintiff could continue with a few amendments.

According to the article, the lawsuit began when Andrea Valiente of California bought “inferior” Roma tomatoes instead of the San Marzano tomatoes she was expecting. Valiente said that consumers are being tricked “into believing that they are purchasing genuine San Marzano tomatoes, at San Marzano prices,” the Inquirer said.

According to the complaint, Valiente is seeking compensatory, statutory, and punitive damages as well as “other forms of equitable monetary relief.”

Simpson is denying any wrongdoing and is prepared to continue the battle in court.

“Simpson Imports strongly disputes that reasonable consumers could have been deceived by Simpson Imports’ labels into thinking they were purchasing San Marzano tomatoes,” the company said in a statement. “Given the very high quality of the tomato products that Simpson Imports sells, and the complete absence of any reference to ‘San Marzano’ on the label, it is hard to find any legitimate basis for Plaintiff’s claim.”

“Simpson Imports looks forward to defeating Plaintiff’s claims while continuing its mission to provide high-quality tomato products to consumers who know and love the brand,” the company said.

For the full story, you can click here. For more on Simpson Imports Ltd., located at 201 York Road Suite 1-560, you can visit their website.

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