Helados Mexico Ice Cream Bars Not Made in Mexico, Claims Class Action Lawsuit

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A consumer accuses Tropicale Foods, LLC of misleadingly marketing its Helados Mexico brand of ice cream bars as a “delicious taste of Mexico,” when they are actually made in a factory in California.  

Lead plaintiff, Murad Ferguson, filed a class action lawsuit in New York federal court Tuesday seeking to represent other consumers who allegedly pay a premium for Helados Mexico products based on false advertising by Tropicale Foods. The plaintiff accuses the manufacturer and its parent company, Chicago-based private equity firm Wind Point Partners, of capitalizing on consumers’ desires to purchase traditionally made, authentic products from their country of origin by misrepresenting the ice cream bars and other frozen treats called “paletas.”  

“Consumers often pay a price premium for what they perceive to be authentic products, particularly those perceived to be authentically associated with a specific place, such as Mexico for Defendant’s paletas,” states the class action lawsuit.  

Indeed, Ferguson claims that Tropicale misrepresents the product as authentic and akin to purchasing handmade ice cream bars from a paletero’s cart in Mexico. The plaintiff points out that Helados Mexico boxes include a picture of a paletero’s cart. They also state in bold, all capital letters “the delicious taste of Mexico naturally.” 

The plaintiff says that when he purchased a coconut variety of Helados Mexico he “understood the Product was obviously not sold in a blue pushcart, but that it was made in Mexico, with traditional ingredients grown in Mexico and made in traditional methods.” 

“However, contrary to the Product’s representations and omissions, it is not made in Mexico, lacks the type and quality of ingredients historically associated with this food and is not made in the traditional methods,” alleges the class action lawsuit.  

Ferguson points to small print on the box that indicates Helados Mexico brand products are made at a plant in Ontario, Calif, as opposed to the handcrafted traditional ice cream treat containing milk, and fruit consumers expect. The plaintiff claims that he and other consumers would not have purchased or paid the retail price of $4.99 a box or more for the paletas made in California.  

The class action lawsuit accuses Tropicale Foods of violating New York consumer protection laws, negligent misrepresentation, fraud, unjust enrichment, and breach of warranty.  

Ferguson wants to represent other New York consumers who purchased Helados Mexico products. The plaintiff wants Tropicale Foods to conduct a corrective advertising campaign and also reimburse Class Members who purchased Helados Mexico products for the premium they allegedly paid.  

Do you purchase Helados Mexico products? Do you think they are falsely advertised? Tell us in the comment section below.  

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, PC.  

The Helados Mexico False Advertising Class Action Lawsuit is Ferguson v. Tropicale Foods, LLC, Case No. 1:21-cv-03775 in the U.S. District Fourt for the Eastern District of New York.  

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