Guerrero Products Not Made in Mexico California Class Action

If you saw a package of tortillas (for example) that made reference, in the center front of the package, to Mexico, and where nearly all of the labeling was in Spanish, would you assume that the product was made in Mexico? The complaint for this class action alleges that Gruma Corporation packages its products in way that suggests they are made in Mexico, when in reality they are not.

The class for this action is all California citizens who, within the relevant statutes of limitations, bought any of the products. The California Consumer Subclass is all California citizens who, within the statute of limitations, bought any of the products for personal, family, or household use.

Pages 2 and 3 of the complaint display images of a number of the Guerrero products in question. For example, at the top of page 2 is a package of “Tortillas de Maiz Blanco” with the phrase “Un Pedacito de Mexico” just below the “Guerrero” name and “Calidad Y Frescura” in an oval band around the top of the circular label. The only words in English are in thin type at the bottom, outside the circular center label: “0g Trans Fat Per Serving” and “No Lard • No Cholesterol.”

The complaint alleges Gruma sells the products “with labeling, packaging, and advertising that makes references to Mexico, and by using Spanish words.” It contends that the labeling, packaging, and marketing thus lead consumers “to reasonably believe that they [are] purchasing tortillas and other products that are made in Mexico.”

The complaint contends, “Tortillas are not only considered the national bread of Mexico, but are ‘increasing in popularity throughout the world,’ with most of the tortillas in the world being produced in Mexico.” Even the brand name suggests Mexico, the complaint says: “‘Guerrero’ translates to ‘Warrior’ in Spanish and is a geographical state in Mexico.” The phrase “Un pedacito de Mexico,” it says, translates to “A piece of Mexico.”

These and the other Spanish words on the packaging are “Mexican representations,” the complaint says, which mislead consumers. The complaint alleges, “Because the Products are not made in Mexico as reasonably expected by [the plaintiff in this case] and other consumers, [Gruma’s] marketing of the Products was and continues to be misleading and deceptive.” The complaint contends that if consumers had known the products were not from Mexico, they either would not have bought them or would have wanted to pay substantially less for them.

The counts include violations of California’s Consumer Legal Remedies Act and False Advertising Law, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Guerrero Tortillas Mexican Representations CA Complaint

September 18, 2020

If you saw a package of tortillas (for example) that made reference, in the center front of the package, to Mexico, and where nearly all of the labeling was in Spanish, would you assume that the product was made in Mexico? The complaint for this class action alleges that Gruma Corporation packages its products in way that suggests they are made in Mexico, when in reality they are not.

Guerrero Tortillas Mexican Representations CA Complaint

Case Event History

Guerrero Tortillas Mexican Representations CA Complaint

September 18, 2020

If you saw a package of tortillas (for example) that made reference, in the center front of the package, to Mexico, and where nearly all of the labeling was in Spanish, would you assume that the product was made in Mexico? The complaint for this class action alleges that Gruma Corporation packages its products in way that suggests they are made in Mexico, when in reality they are not.

Guerrero Tortillas Mexican Representations CA Complaint
Tags: Country of Origin, Deceptive Advertising, Deceptive Labels