In a lawsuit filed in the Western District of New York Friday, a man alleged that Ole Mexican Foods falsely advertised its La Banderita tortilla products, purportedly labeling the items as if they were made in Mexico when, according to the complaint they are not.
The plaintiff’s class action alleges violations of New York consumer protections laws. The purported class consists of “all persons who purchased any of the Products in New York for personal, family, or household purposes, within the applicable statute-of-limitations period.”
The complaint laid out a nuvber of ways that the defendant allegedly falsely advertised; the plaintiff cited text on packaging such as “El Sabor de Mexico!”, Spanish for “A Taste of Mexico!,” as well as the presence of the Mexican flag on the packaging, along with the name La Banderita, related to the Spanish word for flag.
Other alleged violations include labels that the product is authentic.
The complaint claims that Ole “deceptively labeled and packaged the Products to target consumers who are interested in purchasing tortillas from Mexico.”
The plaintiff is represented by Faruqi & Faruqi LLP.
