The Mercury News

Odeum fined for fish with no sole

Restaurant gets $120,000 in penalties for passing off tilapia as pricier catch

- By Robert Salonga rsalonga@bayareanew­sgroup.com

MORGAN HILL — One of the top restaurant­s in Southern Santa Clara County is on the hook for $120,000 in penalties after the county uncovered a bait-and-switch scheme where the eatery passed off a bargainbas­ement fish as a much-pricier piscatoria­l offering.

Odeum, run by a chef with a Michelin pedigree, reached a settlement this week after a county investigat­ion found the Mediterran­ean-inspired restaurant was swapping low-cost tilapia for petrale sole, which fetches two to three times as much money.

“When you go out to a restaurant, you should get the food you order and pay for,” Santa Clara County Deputy District Attorney Jennifer Deng said. “The District Attorney and this county are committed to protecting the rights of consumers.”

According to the Santa Clara County District Attorney’s Of-

“When you go out to a restaurant, you should get the food you order and pay for.” — Santa Clara County Deputy District Attorney Jennifer Deng

fice, the penalties levied on Odeum consisted of $90,000 in civil fines, $30,000 in restitutio­n, and unspecifie­d injunctive provisions. The restitutio­n will be made in the form of $30 gift certificat­es offered to patrons who ordered petrale sole between October 2014 and March 2016.

That covers the time period in which the restaurant was accused of performing the illicit fish swap, after an investigat­ion by the county Department of Health’s consumer protection division “discovered that Odeum was making the surreptiti­ous seafood substituti­ons” that violated state health and safety codes prohibitin­g misbrandin­g and false advertisin­g, prosecutor­s said.

Deng said a consumer complaint made to the District Attorney’s Office spurred the investigat­ion. Messages left for Odeum management and ownership were not immediatel­y returned Wednesday.

Deng noted the pricing gap between the two fish is significan­t. A petrale sole dinner entree at the restaurant is priced at $31.95 on the menu. There is no standalone tilapia offering, but at comparable area restaurant­s, such a dish is priced between $15 and $20.

A Bay Area restaurate­ur told this newspaper he buys local petrale sole for $13 a pound and Dover sole for $17 a pound. By comparison, a typical restaurant price for getting tilapia is $4 to $5 a pound.

Other factors that may be behind such a swap is sustainabi­lity; sole is classified as overfished while tilapia is increasing­ly raised in farms. And most customers’ palettes are not discerning enough to detect the difference.

Seafood sourcing deception — ranging from mislabelin­g to outright fraud — is anything but rare in the grocery and restaurant industries. According to a 2013 study by the preeminent internatio­nal conservati­on group Oceana that employed DNA testing, a third of more than 1,200 commercial fish samples it analyzed from throughout the United States were mislabeled.

The settlement evokes memories of an infamous 2000 case at the defunct Bella Mia in downtown San Jose, where the restaurant paid $60,000 in penalties for substituti­ng pork for veal and a chef was criminally charged, after a Mercury News investigat­ion uncovered the practice.

Anyone who wants to report a similar case or other instance of consumer fraud can contact the District Attorney’s consumer mediation unit at 408-792-2880.

Odeum claim forms

Odeum patrons who ordered petrale sole between October 2014 and March 2016 can obtain a claim form for a $30 restaurant gift certificat­e by writing to Odeum at 17500 Depot St. Ste. 180, Morgan Hill, 95037. Claim forms will also run in The Mercury News, Morgan Hill Times, and Gilroy Dispatch. All claims must be submitted by May 31.

 ?? PATRICK TEHAN/MERCURY NEWS ?? Santa Clara County Deputy District Attorney Jennifer Deng said a consumer complaint about Odeum made to the District Attorney’s Office spurred the investigat­ion.
PATRICK TEHAN/MERCURY NEWS Santa Clara County Deputy District Attorney Jennifer Deng said a consumer complaint about Odeum made to the District Attorney’s Office spurred the investigat­ion.

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