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La Banderita Tortilla Products Are Not Made in Mexico New York Class Action

Ole Mexican Foods, Inc. offers tortilla products under its La Banderita brand. But the complaint for this class action alleges that these products are sold with deceptive labeling, packaging, and advertising that suggests to consumers that they are made in Mexico. In fact, the principal place of business for the company is Norcross, Georgia.

The class for this action is all persons who bought any of the products at issue in New York, for personal, family, or household purposes, within the applicable statute of limitations period. The products at issue include the following:

  • La Banderita Burrito Grande
  • La Banderita Sabrosísimas Corn
  • La Banderita Taco Size Flour Tortillas
  • La Banderita Whole Wheat Fajita

The La Banderita products are available at grocery stores in New York and across the US. They include tortillas, chorizo, chips, and salsas.

Tortillas are generally believed to have originated in Mexico. They are a kind of national bread in Mexican cuisine. According to the complaint, most of the tortillas in the world are made in Mexico.

The complaint alleges, “The people of Mexico have a long history with tortillas and are generally credited with having perfected the art of making them.” It adds, “Because of this, consumers value tortilla products that are authentically made in Mexico.”

The fronts of the packages for the products have a Mexican flag at their centers, use Spanish phrases like, “El Sabor de Mexico!” (“A taste of Mexico!”), and a logo that includes the Mexican flag and the word “Authentic.” Some use other Spanish words, like “Sabrodidimas” and “Tortillas de Maiz.” The brand name means “the flag,” referring to the flags that appear prominently on all the products.

These representations, the complaint alleges, give consumers the impression that the products are made in Mexico. But this is not true, the complaint says. It claims that the packages were deceptively labeled “to target consumers who are interested in purchasing tortillas from Mexico” and that the representations “only serve the profit-maximizing interests of” the company.

The complaint alleges that consumers paid a premium for the products because they believed they were from Mexico. It claims they would have paid less for them if they knew that they were not in fact made there.

The claims include violations of the New York General Business Law. This law forbids “[d]eceptive acts or practices in the conduct of any business, trade, or commerce” as well as false advertising, which forbids ‘[a]dvertising, including labeling, of a commodity … if such advertising is misleading in a material respect.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

La Banderita Tortilla Products Are Not Made in Mexico New York Complaint

December 3, 2021

Ole Mexican Foods, Inc. offers tortilla products under its La Banderita brand. But the complaint for this class action alleges that these products are sold with deceptive labeling, packaging, and advertising that suggests to consumers that they are made in Mexico. In fact, the principal place of business for the company is Norcross, Georgia.

La Banderita Tortilla Products Are Not Made in Mexico New York Complaint

Case Event History

La Banderita Tortilla Products Are Not Made in Mexico New York Complaint

December 3, 2021

Ole Mexican Foods, Inc. offers tortilla products under its La Banderita brand. But the complaint for this class action alleges that these products are sold with deceptive labeling, packaging, and advertising that suggests to consumers that they are made in Mexico. In fact, the principal place of business for the company is Norcross, Georgia.

La Banderita Tortilla Products Are Not Made in Mexico New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Place of origin