A proposed class action alleging that two popular brands of olive oils are deceptively marketed and labeled as “extra virgin” and “imported from Italy” has survived a motion to toss the case.

U.S. District Judge Richard Seeborg of the Northern District of California ruled it is premature to weigh whether plaintiff Scott Koller lacks standing to pursue his claims that Bertolli and Caparelli brand olive oil do not meet the quality standards to be marketed as “extra virgin.”

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