Hardy v. Olé Mexican Foods, Inc., 2023 WL 3577867, No. 22-1805 (2d Cir. May 22, 2023) (per curiam)
There was a CD Cal case raising the same “false Mexican origin” claims with a different result. Hardy alleged that defendant’s La Banderita tortilla products violated the NY GBL by deceiving consumers into believing the products were made in Mexico, not the US. The court of appeals affirmed the dismissal of the complaint.
Hardy had standing for the product he purchased, and class standing for three unpurchased products that made the same allegedly false claims that led to a price premium.
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