ROCHESTER, N.Y. (Legal Newsline) — A class action lawsuit alleges McCormick deceives consumers with the labeling of its "New Mexico Chile Pods" that are not grown in New Mexico.
Joseph Salvaggio, individually and on behalf of all others similarly situated, filed a complaint June 18 in the U.S. District Court for the Western District of New York against McCormick & Company, Incorporated alleging violation of state consumer fraud acts, unjust enrichment and other claims.
Salvaggio alleges in his class action that McCormick's El Guapo "New Mexico Chile Pods" are deceptively labeled to make consumers believe the product is grown and harvested in New Mexico.
"First, despite what appears to be a 'seal' on the Product’s front label, this is not the New Mexico Certified Chile Certification Mark, but a self-designated indication describing it as 'authentic,'" the lawsuit says.
Salvaggio further alleges McCormick or El Guapo are not registered licenses with the New Mexico Chile Association and that fine printing on the back label of the product states "packaged in USA." He claims McCormick describes them as from "New Mexico" despite the chile pods not being grown and harvested in New Mexico, which deceives consumers. Salvaggio alleges that he and other consumers paid more money for the product believing it "had attributes of items from the designated location" and that the product was worth less than its value that is represented by McCormick.
Salvaggio and the class seek monetary relief, interest and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and James Chung of The James Chung Office of Law in Bayside, New York.
U.S. District Court for the Western District of New York case number 6:23-CV-06334