A. K. v. Barilla Canada Inc.

On August 26, 2024, the Superior Court of Quebec authorized the bringing of a class action against Barilla Canada Inc. (hereinafter “Barilla”) on behalf of the following Class:

All residents of Quebec who have purchased, at any time since October 24, 2019, Barilla Canada Inc.’s pasta products which were not produced in Italy and which bear the phrase “ITALY’S #1 BRAND OF PASTA” and “LA MARQUE DE PÂTES NO 1 EN ITALIE”, in juxtaposition or not of the Italian flag colors.

(hereinafter the “Class” or “Class Members”).

Plaintiff Mrs. Knafo was ascribed the status of representative to act on behalf of the Class Members.She alleges in her action that the Class Members were misled by Barilla into believing that the Barilla pasta products sold in Quebec are produced in Italy with Italian-sourced ingredients, whereas the majority of the Barilla products sold in Quebec are produced in the United-States or Canada, with North American ingredients.

If the class action is successful, all persons in Quebec corresponding the Class mentioned above may be eligible to receive compensation, including without limitation a full or partial reimbursement of the purchase price paid and punitive damages.

The authorization judgment is a preliminary step which allows the class action to begin. This judgment does not decide the liability of Barilla, who will be able to assert its defenses at trial. It is following this trial, which will be held in the district of Montreal, that the Superior Court will decide whether Barilla has violated the law as alleged and whether Barilla must be ordered to pay something to the class members and, if so, in what amount.

As a Class Member, you do not have to pay for the attorney fees which will be paid from the damages that may be awarded through the class action, if applicable. The Court will be asked to decide the reasonableness of Class Counsel legal fees. In case of success, Plaintiff also asks the Court to condemn Barilla to pay her Class Counsel’s legal fees and expenses, in addition to the amount claimed for the Class Members. The Court may, however, also decide that such fees and costs will be deducted from the amounts owed to the Class, if any.

Relevant information concerning the progress of the class action:

In the context of the legal proceedings in this case, which will occur in the District of Montreal, the Plaintiff will ask the Court to determine:

1. Did Barilla make false or misleading statements, advertisements or representations, or did it carry out prohibited practices, in the sale and marketing of its pasta, given their place of production and the geographical origin of their ingredients?
2. Must Barilla reimburse the purchase price of the pasta, in whole or in part?
3. Should injunctive relief be ordered to prohibit Barilla from continuing to make such statements, representations, advertisements or prohibited practices?
4. Must Barilla pay punitive damages to the Class Member and in what amount?

If you wish to exclude yourself (opt out) from the class action and avoid being bound by the judgment which will be rendered, you must send a notice no later than May 22, 2025, by registered or certified mail to the clerk of the Superior Court of Quebec in Montreal (with a copy to [email protected]). The full procedure for opting out is explained in the Long Form version of the present notice.

If you wish to be included in the class action, you have nothing to do and nothing to pay. As a Class Member, you have the right to intervene in the present class action.

For more information on the class action:

Please visit the webpage dedicated to this class action on the Class Counsel’s website: https://www.lexgroup.ca/barilla/ or contact the Class Counsel confidentially at the following coordinates (your information and communications with Class Counsel will remain confidential):

Lex Group Inc.
4101 Sherbrooke Street West
Westmount, Quebec H3Z 1A7

Email: [email protected]
Telephone: 514-451-5500

Please consult the Lex Group website for the Long Form (detailed) version of the present Notice, including the full text of the principal issues / questions that the Court will be asked to deal with collectively and the list of orders that Plaintiff is asking the Court to issue once it has decided these questions: www.lexgroup.ca

THIS SHORT FORM NOTICE TO CLASS MEMBERS HAS BEEN APPROVED BY THE SUPERIOR COURT OF QUÉBEC.