Brian White  |  November 30, 2020

Category: Beverages

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Two cans of Tecate beer on top of ice

A New York man is taking legal action against the makers of Tecate beer in a class action lawsuit alleging fraud because the beverage isn’t made in Tecate Baja California, Mexico.  

Miguel Schelmetty of the Bronx says he was persuaded by Heineken USA’s marketing of Tecate beer as being an authentic product from Mexico. 

He filed a class action lawsuit after buying several cases over a six-month period and realizing, after seeing the words “product of Holland” in tiny print on the box, the beer was not from Mexico. 

The class action lawsuit explains how plaintiffs could fall for the fraudulent advertising. Schelmetty points out the Spanish on the Tecate beer can itself, “hecha en Baja,” means “made in Baja” in English. 

Schelmetty says more advertising supports his argument that Tecate beer is a fraud: “Mexico is in US,” he says, is a play on words. By saying the beer is “born and brewed in the land we are proud to share our name with: Tecate,” any reasonable shopper would be led to believe Tecate beer is made in Mexico, Schelmetty says in the complaint. 

Instead, Heineken hides Tecate beer’s true origins in a small font toward the bottom of the box, according to Fox Business.

The market for Mexican products has grown in the United States, Schelmetty claims.

Specifically for beer, U.S. consumer demand for Mexican imports has risen 8% annually between 2009 and 2016, according to the complaint; Schelmetty says consumer demand for domestic beer has dropped 4% annually. 

bottle of Tecate beerSchelmetty elaborates on why the beer market — and Tecate beer in particular — is doing so well in sales.

First, he says, the increased demand on Mexican beer can be attributed to an increase in the Mexican-American population in the U.S.

The second reason, according to Schelmetty, is a growing popularity in Mexican beverages, both alcoholic and nonalcoholic.

The class action lawsuit explains drinks like aguas frescas using hibiscus and watermelon have entered into the national consciousness as well as premium tequilas and brews like Tecate beer.

Schelmetty argues Mexican-branded products represent a kind of escapism for the U.S. consumer. By saying Tecate beer is made in Baja, Heineken invokes visions of vacations, he says in the complaint. 

The plaintiff further alleges Heineken presents Tecate beer as being from Mexico because today’s tastes have changed to ones seeking authenticity. 

“Today’s consumers are faced with increasing commercialization of products and seek brands that are genuine — Mexican beer from Mexico, Italian tomatoes from Italy, etc.,” he says in the class action lawsuit. 

Heineken is capitalizing on this growing market and shift in tastes, Schelmetty claims, because shoppers will pay more “for what they perceive to be authentic products, particularly those perceived to be authentically associated with a specific place, such as Mexico for Mexican beer.” 

The value of Tecate beer is “materially less” than the $11.99 he paid for a 12-pack, Schelmetty says in the class action lawsuit. 

Heineken USA has a duty to relay the true location where Tecate beer is bottled, the class action lawsuit claims, and took advantage of “cognitive shortcuts” made at the register.

Beer drinkers trust in Heineken, a well-known and respected brand, Schelmetty says.

The class action lawsuit formally accuses Heineken of violating the Magnuson Moss Warranty Act. The plaintiff also accuse the makers of Tecate beer of committing fraud and of being unjustly enriched. 

Are you a Tecate beer drinker? Do you expect it to be produced in Mexico? Let us know why or why not in the comments below. 

Counsel representing the plaintiffs in this class action lawsuit is Spencer Sheehan of Sheehan & Associates PC.

The Tecate Beer Class Action Lawsuit is Schelmetty, et al. v. Heineken USA Inc., Case No. 7:20-cv-09985, in the U.S. District Court for the Southern District of New York.

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92 thoughts onTecate Beer Class Action Lawsuit Argues Fraud Over ‘Hecha en Baja’

  1. keith renner says:

    Add me

  2. Terri Rauseo says:

    Please add me

  3. Dana says:

    Add me

  4. Jennifer Morgan says:

    Please add me, thank you!

    1. Ronnie Cunningham says:

      Love Tecate please add me.

  5. Ryan Straubinger says:

    I am a dedicated Tecate drinker ,have been for years and bought an 18 pack the other day which I usually only buy 30 packs, and every beer foams like I shook them up. Tastes different too, hate to say it but it tasted like a crappy Coors light or something! WTF!! Give it back to Mexico!! So we can have our beer back to normal, please! Add me in

  6. Ryan Straubinger says:

    I am a dedicated Tecate drinker ,have been for years and bought an 18 pack the other day which I usually only buy 30 packs, and every beer foams like I shook them up. Tastes different too, hate to say it but it tasted like a crappy Coors light or something! WTF!! Give it back to Mexico!! So we can have our beer back to normal, please!

  7. Vickie Varner says:

    Add me. Purchase all the time and disappointed

  8. Yvette Dhuperoyrs says:

    Regularly purchase Product; deceptive. Disappointed to find out not what expected; purported to be. Add Me!

  9. Aaron Redburn says:

    Please add me

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