FORT LAUDERDALE, Fla. (Legal Newsline) — A class action lawsuit seeks to punish the maker of a Mexican popsicle for making them in California.
Hyro Figueredo, individually and on behalf of all others similarly situated, filed a complaint Nov. 1 in the U.S. District Court for the Southern District of Florida against Tropicale Foods LLC, alleging false and misleading advertising, fraud and other claims.
According to the Figueredo's class action, Tropicale Foods manufactures and markets frozen desserts made from fruit and dairy ingredients under the Helados Mexico brand. He claims on the labeling, the defendant makes representations such as an iconic blue pushcart with bells and Spanish words such as "con crema" and "fresa" in larger font.
Figueredo claims consumers are falsely led to believe the product is made in Mexico when in fine print on the back and lower portion of the label, it states the product is made in Ontario, California. He further claims labeling of the product as "Helados Mexico" is not a "truthful representation of geographical origin."
Figueredo and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by William Wright of The Wright Law Office in West Palm Beach, Florida and Spencer Sheehan of Sheehan & Associates in Great Neck, New York.