A high-end downtown Morgan Hill restaurant has to pay $120,000 in penalties for misbranding and false advertising, according to authorities.
Odeum restaurant, located at 17500 Depot Street, is accused of secretly serving customers tilapia fish when they ordered the petrale sole listed on the menu, according to a press release from the Santa Clara County District Attorney’s Office. Sole is a more expensive piece of fish than tilapia.
The DA’s investigation found that Odeum was making the surreptitious seafood substitutions between October 2014 and March 2016, the press release states.
The DA’s Consumer Protection Unit this week reached a settlement with AS Restaurant Consulting Group LLC—doing business as Odeum Restaurant—and owner Salvatore Calisi, according to authorities. The civil judgment requires Odeum to pay a total of $120,000, a sum that consists of $30,000 restitution and $90,000 in civil penalties.
“When you go out to a restaurant you should get the food you order and pay for,” prosecutor Jennifer Deng said. “The District Attorney and this county are committed to protecting the rights of consumers.”
The county’s Department of Environmental Health, Consumer Protection Division, investigated the case and found the fish substitution, authorities said. The state health and safety codes prohibit restaurants from misbranding or falsely advertising the food they serve.
Odeum will offer gift certificates worth $30 to all individuals who ordered petrale sole during the period in question, the DA’s press release continues. The consumer must file a claim form, which will be found in the Morgan Hill Times, Gilroy Dispatch and Mercury News newspapers. Forms can also be obtained by writing to Odeum at 17500 Depot St. #180, Morgan Hill, CA 95037. All claims must be submitted by May 31, 2017.
Depending on how many claims are turned in, any leftover restitution money will be provided to the Santa Clara County Department of Environmental Health, Consumer Protection Division, for training, education, and enforcement, according to the DA’s office.
Source: The Morgan Hill Times