Ole Mexican Foods class action claims tortillas falsely advertised as low-carb

Ole Mexican Foods class action lawsuit overview:

• Who: A California consumer filed a class action lawsuit against Ole Mexican Foods Inc.
• Why: The plaintiff alleges the company’s Xtreme Wellness Tortilla Wraps are falsely advertised as low-carb.
• Where: The Ole Mexican Foods class action was filed in California federal court.

A California consumer has filed a class action lawsuit against Ole Mexican Foods Inc., alleging the company’s Xtreme Wellness Tortilla Wraps are falsely advertised as low-carb.

Plaintiff Janet Gambino filed the lawsuit against Ole Mexican Foods on Feb. 25 in California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Ole Mexican Foods falsely advertised its Xtreme Wellness Tortilla Wraps as low in carbohydrates, high in fiber and suitable for ketogenic diets.

Gambino alleges she purchased the tortillas multiple times over the past four years, relying on the label’s claims that each serving contained only 4 grams of net carbs and 60 calories.

However, she says independent testing revealed the actual carbohydrate and calorie content was much higher.

Gambino says the tortillas’ labels prominently featured claims of being “Carb Friendly” and “Keto Certified,” suggesting they were suitable for low-carb diets.

Xtreme Wellness tortillas have more than double the advertised carbs, lawsuit claims

The labels claimed the tortillas contained 4 grams of net carbs per serving, calculated by subtracting the amount of dietary fiber from total carbohydrates, the lawsuit says.

However, Gambino says she commissioned a third-party laboratory to test the tortillas, which found they actually contained approximately 10.67 grams of net carbs and 115.2 calories per serving. The lawsuit claims these figures are more than double what was advertised on the packaging.

Gambino alleges that she and other consumers relied on the inaccurate labels when purchasing the tortillas, believing they were making a healthier choice.

She says she would not have bought the product, or would have paid less for it, had she known the true nutritional content.

The lawsuit accuses Ole Mexican Foods of violating California’s Consumers Legal Remedies Act, unjust enrichment and breach of express warranty. Gambino is seeking to represent all California consumers who purchased the tortillas in the past four years.

She is seeking certification of the class action, damages, fees, costs and a court order stopping the company from the alleged mislabeling.

In 2021, Ole Mexican Foods faced a class action lawsuit alleging it misleadingly markets its La Banderita tortilla products as being made in Mexico even though they are manufactured elsewhere.

What do you think of the claims in this Ole Mexican Foods class action? Let us know in the comments.

The plaintiff is represented by Charles C. Weller of Charles C. Weller APC.

The Ole Mexican Foods class action lawsuit is Gambino v. Ole Mexican Foods Inc., Case No. 5:25-cv-00497, in the U.S. District Court for the Central District of California.

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