The production and marketing of peeled tomatoes with the label “Produced in San Marzano D.O.P. – Region Italian Peeled Tomatoes” constitutes crime of “fraud in the exercise of trade” pursuant to art. 515 c.p., as well as crime of “sale of industrial products with untruthful marks” pursuant to art. 517 c.p., if the tomatoes used are not grown in a territory included in the D.O.P. specification.
This is what the Court of Cassation ruled with the decision no. 41714 of the 26th September 2018.