Mexican food-maker sued for not making food in Mexico
Ryan Hardy filed a class action complaint on Dec. 3 in U.S. District Court for the Western District of New York against Ole Mexican Foods, Inc. for violation of the New York General Business laws 349 and 350.
According to the lawsuit, Ole Mexican Foods, Inc. sells, packages and advertises products that lead the consumer to believe they are made in Mexico, when in fact, the products are not. The company uses the Mexican flag in the center of the package, Spanish phrases like “El Sabor de Mexico!” and a logo that displays the Mexican flag with the word “Authentic” to portray the idea of the products being made and from Mexico, the suit says.
Hardy claims that neither he, nor other consumers, would have purchased the products made by Ole Mexican Foods, Inc. if it had been known that the products were not made in Mexico.
Hardy seeks an order for judgment of restitution and disgorgement of all profits and unjust enrichment, a payment of damages, injunctive relief including actual, compensatory, statutory and punitive damages, attorney’s fees and cost of litigation. Hardy is represented by Innessa M. Huot of Faruqi and Farqui, LLP.