NEW YORK (Legal Newsline) – A class action lawsuit says Heineken has misled beer drinkers into thinking it brews its Tecate brand in Mexico.
Use of the “Thunder bird” and photos on its website are used in support of the lawyer’s claims for a lawsuit filed Nov. 27 in New York federal court. Attorney Spencer Sheehan is representing plaintiff Miguel Schelmetty.
“Tecate’s advertisements, marketing and labeling emphasize this Mexican heritage, through the brand name, the traditional Meso-American typeface, the mythical Aztec eagle emblazoned on the Product and the statements ‘Original’ and ‘Cerveza,’” the lawsuit says.
A picture of a brewery on the company’s website declares, in Spanish, “Born and brewed in the land we are proud to share our name with: Tecate,’” the lawsuit says.
But parent company Heineken brews the beer in its homeland – Holland – the suit says. It is disclosed in “small font” on the back of Tecate boxes.
“Defendant’s omission and failure to disclose the product’s origin in a non-deceptive and transparent manner is deceptive and misleading to consumers who want a Mexican beer brewed in Mexico,” the suit says.
“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”