LOS ANGELES (Legal Newsline) - A new class action lawsuit alleges a food manufacturer tricks consumers with references to Mexico on its packaging.
Pedro Romero, individually and on behalf of all others similarly situated, filed a federal class action lawsuit on July 13 in the U.S. District Court Central District of California against Tropicale Foods for fraudulent misrepresentation in violations of California's Consumer's Legal Remedies Act, violation of California's False Advertising Law, violation of California's Unfair Competition Law and breach of implied warranty.
According to the complaint, Tropicale Foods allegedly practices misleading labeling and marketing in sales of its Helados Mexico and La Michoacana paletas by causing consumers to believe that the products are made in Mexico, when in fact, they are not.
Specifically, the Helados Mexico Products have “Mexico” in the brand name, with the phrase “Helados Mexico” translating to “Mexican ice cream.” Product packaging also includes Spanish words such as “Paleta De Crema,” “Paleta de Fruta,” and “Con Crema,” which, together with the name “Helados Mexico,” create the misleading impression that the products are authentic Mexican ice creams made in Mexico, the suit says.
Romero alleges that had consumers known the products were in fact not made in Mexico, they would not have purchased the items.
Romero seeks injunctive relief, monetary damages, punitive damages, attorney's fees and cost of suit. Romero also seeks for the court to declare Tropicale Foods as responsible for violations of the law. Romero is represented by Benjamin Heikali of Faruqi and Faruqi, LLP.
U.S. District Court Central District of California Eastern Division case number 5:21-cv-01165-JGB-SHK