MIAMI – A Florida resident has filed a lawsuit against Tropicale Foods claiming the company misleads consumers into believing its frozen desserts are from Mexico when they are actually from California.
Hyron Figueredo filed a class action lawsuit in federal court against Tropicale Foods alleging violations of the Florida Deceptive and Unfair Trade Practices Act and fraud.
According to court documents, Figueredo claims Tropicale Foods misrepresented its frozen desserts under the Helados Mexico brand as being made in Mexico when, in reality, they are produced in California.
The plaintiff claims Tropicale Foods used various elements in its marketing, such as the brand name, packaging design, and Spanish terms, to convey the impression the product was authentically Mexican. The plaintiff says he paid a premium price for the product based on the belief it was genuinely from Mexico. Had he known otherwise, he says he would have paid a lesser price or not purchased the product at all.
The complaint seeks class action certification to represent all persons in the State of Florida who purchased the Helados Mexico product during the specified period. The plaintiff is seeking monetary damages, plus interest, court costs, attorney fees and other relief.
The plaintiff is represented by William Wright of The Wright Law Office in West Palm Beach and Spencer Sheehan in Great Neck, New York.
U.S. District Court for the Southern District of Florida Miami Division case number 1:23-cv-24177