Badia chilis not from New Mexico as advertised, class action alleges

New Mexico chilis class action overview: 

• Who: A pepper consumer sued Badia Spices.
• Why: The plaintiff says the company falsely advertises its New Mexico chilis.
• Where: The New Mexico chilis class action lawsuit was filed in a New York federal court.
• What are my options: Try spices from Thrive Market as an alternative to Badia Spices.

Badia Spices misrepresents its peppers as being unique New Mexico chilis when they are not, a new class action lawsuit alleges. 

Plaintiff Celeste Reyes filed the class action lawsuit against Badia Spices Inc. on May 15 in a New York federal court, alleging violations of state and federal consumer laws. 

Badia Spices falsely advertises peppers described as “New Mexico Chilis,” replete with imagery associated with New Mexico in the form of indigenous markings and design under the Badia brand, the lawsuit states.

According to the lawsuit, “New Mexico chilis” refers to a cultivar group of chili peppers grown in New Mexico for over 400 years.

In 2011, the New Mexico legislature enacted the New Mexico Chile Advertising Act (NMCAA) to protect the public against chili peppers marketed as being from New Mexico if they were not grown and harvested there, the class action says.

“The NMCAA requires that companies marketing chili peppers as being from New Mexico verify their products’ origins and undergo rigorous examination for quality,” the lawsuit claims. 

Badia chilis not grown in New Mexico, lawsuit states

That the chilis are not grown in New Mexico is only disclosed on the Badia’s website, not on the packaging, the class action states. The website indicates the peppers’ country of origin is Mexico.

“Even if consumers turned the package around they would not be informed the Product is not from New Mexico because the ingredients identify ‘New Mexican chili’ and the label is not required to disclose its country of origin,” the New Mexico chilis class action states.

Reyes seeks to represent a New York class of consumers who bought the product plus a consumer fraud multistate class of consumers from North Dakota, Utah, Idaho, Alaska and West Virginia.

She sued for violations of New York General Business Law and state consumer fraud acts, as well as breach of warranty, fraud and unjust enrichment and seeks certification of the class action, damages, fees, costs and a jury trial.

What do you think of the allegations in this New Mexico chilis class action lawsuit? Let us know in the comments. 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC and James Chung Law Office.

The Badia Spices class action lawsuit is Celeste Reyes, et al. v. Badia Spices Inc., Case No. 1:23-cv-03607-RPK-RER, in the U.S. District Court for the Eastern District of Brooklyn.

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