LOS ANGELES (Legal Newsline) – “A taste of Mexico” written in Spanish on tortilla packages is misleading buyers into thinking they were made south of the border, a lawsuit claims.
Lawyers at Faruqi & Faruqi are suing Ole Mexican Foods in Los Angeles federal court, having filed suit on Nov. 6. The burritos are sold under the brand name La Banderita and also feature the Mexican flag with the word “authentic,” the suit says.
“Tortillas are a staple of Mexican cuisine and are considered to have originated in Mexico,” the suit says. “The people of Mexico have a long history with tortillas and are generally credited with having perfected the art of making them.”
Customers value tortillas made in Mexico, the suit says, but La Banderitas aren’t made there.
“While Mr. Rodriguez currently believes the Products are not made in Mexico, he lacks personal knowledge as to Defendant’s specific business practices, leaving doubt in his mind as to the possibility in the future that some of the Products could be made in Mexico,” the suit says.
“This uncertainty, coupled with his desire to purchase the Products, and the fact that he regularly visit stores which sell the Products, is an ongoing injury that can and would be rectified by an injunction enjoining Defendant from making the false and/or misleading representations alleged herein.”