Lawsuit Against Barilla Pasta For Its Slogan Expected To Proceed

Last year, customers Matthew Sinatro and Jessica Prost filed a lawsuit against Barilla Pasta for its slogan as "Italy's No. 1 brand of pasta."

Sinatro and Prost said they bought one box of Barilla angel hair and two boxes of Barilla spaghetti, thinking the contents were made in Italy, per the lawsuit. They also claim the colors of the Italian flag and imagery on the boxes "further reinforces the notion that the products 'are authentic pastas from Italy."

Barilla motioned to dismiss, arguing that the slogan is a registered trademark and "its utility is to exclusively identify Barilla (not Italy) as the source of the product," but on Monday, Judge Donna M. Ryu denied it and said the lawsuit can proceed.

Reports came in stating that on Monday, October 17, Judge Donna M. Ryu denied Barilla's motion to dismiss, and stated that the lawsuit may now proceed.

"As Plaintiffs note, Barilla asks the court to assume that consumers would solely perceive the Challenged Representation to mean that the products at issue are part of the Barilla brand, and not that they are made in Italy from Italian ingredients," Ryu wrote.

"In other words, Barilla asks the court to decide as a matter of law that the Challenged Representation can mean only one thing. However, Plaintiffs have alleged that the Challenged Representation appears with the colors of the Italian flag, and that this imagery further reinforces the notion that the products 'are authentic pastas from Italy.', " he continued.

The company said the case should be dismissed because its products "are conspicuously marked 'Made in the USA' with the location of Barilla’s headquarters in Illinois," however, Ryu also rejected that argument as those materials supporting that argument rests "are not properly before the court."

A spokesperson for Barilla provided a statement to "Good Morning America" on the most recent ruling, saying:

"The most recent decision in the ongoing legal matter simply reflects the Court’s early conclusion that the lawsuit can proceed. Barilla remains committed to vigorously defend against these unfounded claims, as the wording on the box clearly states: ‘Made in the U.S.A. with U.S.A. and imported ingredients.' We're very proud of the brand's Italian heritage, the company’s Italian know-how, and the quality of our pasta in the U.S. and globally."

In addition, attorneys from Clarkson Law Firm, whom is representing the plaintiffs -- Matthew Sinatro and Jessica Prost -- also shared a statement:

"The Court’s decision reflects that authenticity and product origin drive consumer purchase decisions and companies who wish to profit from geographic provenance must be truthful about where their products are from. Every time a consumer stands up and calls out false advertising, companies disposed to stretching the truth begin to think twice. The converse is also true: when we let it slip, we feed the corporate hubris that unchecked harms the pocketbook of everyday citizens and disadvantages the many good corporate citizens that do the right thing."

The new order from Judge Ryu now allows the lawsuit case to move forward.