Product Labels ‘Mislead’ Consumers into Thinking Ole La Banderita Tortillas Are Made in Mexico, Class Action Claims

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A proposed class action alleges Ole Mexican Foods has falsely marketed and labeled certain products in a manner that indicates they are made in Mexico.

The 17-page suit out of New York contends that the packaging of Ole’s La Banderita Burrito Grande, Sabrosísimas Corn, Taco Size Flour Tortillas and Whole Wheat Fajitas misleads consumers into believing the products are authentically made in Mexico. The lawsuit says that this is due to the fact that the front label of the products prominently displays the Mexican flag, Spanish phrases such as “El Sabor de Mexico!” (“A taste of Mexico”) and a logo that displays the Mexican flag with the word “authentic.” 

Consumers place a greater value on products that are actually made in Mexico, the suit argues. The lawsuit says that neither the plaintiff nor other consumers would have bought the Ole La Banderita items, or would have paid significantly less for them, had they known they were not truly a product of Mexico. 

“Defendant deceptively labeled and packaged the Product to target consumers who are interested in purchasing tortillas from Mexico,” the complaint alleges, contending that Ole “knew or should have known” that the products’ labels falsely and deceptively misrepresent the country in which they were made.

The lawsuit looks to represent all consumers who bought any of Ole’s La Banderita burrito, flour tortilla, whole wheat fajitas or sabrosísimas corn products in New York for personal, family or household use.

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