Case Information

Case Name: Carpio v. Santini Foods, Inc.

Case No. 26CV203622

Jurisdiction: Superior Court of California, County of Alameda

File Date: 08/07/2026

Class Definition: Nationwide class of all U.S. residents, including a New York subclass, who purchased California Farms Sweetened Condensed Milk products containing potassium sorbate for personal, family, or household use during the relevant class period.

Summary

Plaintiff Juan Carpio brings a putative nationwide class action against Santini Foods, Inc. over its California Farms Sweetened Condensed Milk products, alleging they are falsely labeled and misbranded because they contain the preservative potassium sorbate despite being sold under the standardized name “Sweetened Condensed Milk.” The lawsuit asserts that federal regulations establish a standard of identity for sweetened condensed milk that does not permit preservatives like potassium sorbate, and that reasonable consumers rely on this standardized name to understand what ingredients are included.

The complaint alleges that by using the standardized name while including a non‑permitted preservative, Santini misleads consumers, violates federal standards and New York law, and charges a price premium for a product that is not what it purports to be. The action seeks damages, restitution, and injunctive relief on behalf of a nationwide class and a New York subclass.

Allegations

According to the complaint, Santini Foods, Inc. manufactures and sells California Farms Sweetened Condensed Milk products that are marketed and labeled as “Sweetened Condensed Milk.” The lawsuit alleges that these products contain the preservative potassium sorbate, which the plaintiff contends is not permitted under the federal standard of identity for sweetened condensed milk.

The complaint cites 21 C.F.R. § 131.120, which it describes as defining sweetened condensed milk as the food obtained by the partial removal of water only from milk and safe and suitable nutritive carbohydrate sweeteners. The complaint alleges this regulation allows only limited additional ingredients, such as specific flavorings, and does not list potassium sorbate as an allowed ingredient.

The lawsuit alleges that because the products include potassium sorbate, they do not conform to the federal standard of identity for sweetened condensed milk and should not be labeled with that standardized name. Despite this, Santini is alleged to label the products as “Sweetened Condensed Milk” on the front of the package while simultaneously listing potassium sorbate in the ingredient statement. The plaintiff contends this dual labeling renders the products non‑standardized and misbranded, and that the labeling is false, deceptive, and misleading.

The complaint alleges consumers rely on standardized food names, such as “Sweetened Condensed Milk,” to signal compliance with applicable federal standards and to indicate the product contains only the ingredients allowed under those standards. The plaintiff alleges he purchased the products in New York for personal or household use, relied on the representation that the products were “Sweetened Condensed Milk” as defined by federal law, and understood such products would be made only from milk and nutritive sweeteners.

The complaint brings a fraud claim on behalf of a nationwide class, alleging Santini knowingly misrepresented and omitted material facts by labeling and marketing the products as “Sweetened Condensed Milk” while they contained potassium sorbate and allegedly did not meet the standard of identity. The fraud claim alleges Santini intended to induce consumers to purchase the products at a premium price and that consumers were damaged by paying more for products that did not conform to the standardized definition.