La Banderita Class Action Says Tortilla Products Not Made in Mexico

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La Banderita Tortilla Class Action Lawsuit Overview:

• Who: Ryan Hardy filed a class action lawsuit against Ole Mexican Foods.
• Why: The company allegedly misleadingly markets its La Banderita tortilla products as being made in Mexico even though they are manufactured elsewhere.
• Where: The lawsuit was filed in New York federal court.

Ole Mexican Foods Inc. misleadingly promotes some of its La Banderita tortilla products as being made in Mexico, according to a class action lawsuit filed Dec. 3.

Plaintiff Ryan Hardy of Buffalo, New York, alleges Ole markets and sells products with labeling, advertising and packaging that suggests the products are made in Mexico even though they are manufactured elsewhere.

The products named in the Ole Mexican Foods class action lawsuit include La Banderita Burrito Grande, La Banderita Sabrosísimas Corn, La Banderita Taco Size Flour Tortillas and La Banderita Whole Wheat Fajita.

For example, the products’ labels prominently feature a Mexican flag and Spanish phrases like “El Sabor de Mexico!” (“A taste of Mexico!”). The products also allegedly feature a logo with the Mexican flag and the word “Authentic.”

La Banderita Class Action Calls Ole’s Marketing ‘Misleading and Deceptive’

Hardy says he purchased La Banderita Taco Size Flour Tortillas in December 2018 after looking at the product packaging and seeing the Mexican flag, the word “Authentic,” the phrase “A Taste of Mexico!” and the brand name “La Banderita” (“the flag”).

Based on these representations, Hardy believed the La Banderita tortillas were made in Mexico.

“Tortillas are a staple of Mexican cuisine and are considered to have originated in Mexico,” the La Banderita class action lawsuit states. “The people of Mexico have a long history with tortillas and are generally credited with having perfected the art of making them.”

For this reason, consumers will seek out tortilla products that are made in Mexico, Hardy alleges. He says that he would have not purchased the La Banderita tortilla products, or would have paid significantly less for them, had he known they were not actually made in Mexico.

Ole knew or should have known that consumers would rely on the labeling, advertising and packaging of its La Banderita tortilla products and would reasonably believe that the products are made in Mexico, the false advertising class action lawsuit alleges.

Because the La Banderita tortilla products are not actually made in Mexico, Ole’s marketing of the products is “misleading and deceptive,” Hardy alleges.

He filed the La Banderita class action lawsuit on behalf of himself and a proposed class of individuals who purchased the tortilla products in New York within the applicable statute of limitations period.

Did you purchase La Banderita tortilla products because you believed they were made in Mexico? Let us know your thoughts on this false advertising class action lawsuit in the comments below.

Hardy is represented by Inessa M. Huot of Faruqi & Faruqi LLP.

The La Banderita Tortilla Class Action Lawsuit is Ryan Hardy v. Ole Mexican Foods Inc., Case No. 1:21-cv-01261, in the U.S. District Court for the Western District of New York.

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