A consumer class action alleging Monini North America Inc. truffle oil doesn’t contain truffles was properly dismissed, the Second Circuit held Dec. 3.

“It is simply not plausible that a significant portion of the general consuming public acting reasonably would conclude that Monini’s mass produced, modestly-priced olive oil was made with the most expensive food in the world,” the U.S. Court of Appeals for the Second Circuit said in a summary order.

The ingredient list on the bottle doesn’t mention the word “truffle” and the primary label describes the product as “Truffle Flavored,” the court found.

Plaintiffs Vinay Jessani and Wendy Burnett must do more than allege that a label might conceivably be misunderstood by a few consumers, the court said.

Judges Robert A. Katzmann, Amalya L. Kearse, and Denny Chin served on the panel.

Bursor & Fisher P.A. represented the consumers.

Proskauer Rose LLP represented Monini.

The case is Jessani v. Monini N.A., Inc., 2018 BL 443642, 2d Cir., No. 17-2504, summary order 12/3/18.