Nearly Half of Each Arby’s Wagyu Burger Is Made with ‘Regular Angus Beef,’ Class Action Says [DISMISSED]

Arby’s may claim to “have the meats,” but a new proposed class action case challenges exactly what kind of meats the restaurant uses, in particular for its new wagyu burgers. 

The 16-page lawsuit out of New York says that although consumers expect Arby’s limited-edition Bacon Ranch Wagyu Steakhouse Burger and Deluxe Wagyu Steakhouse Burger to be made entirely with wagyu beef, the products, despite their names and the restaurant’s marketing, actually contain 48 percent regular angus beef.

According to the suit, consumers have paid a premium price for the wagyu burgers based on Arby’s representation that they are made entirely with wagyu, a highly sought-after, and typically expensive, Japanese variety of beef known for its unique taste and fat marbling.

Customers would not have bought the Arby’s burgers, or would have paid significantly less for them, had they “been aware of the truth about the Products,” the complaint claims.

“Wagyu” means wagyu, lawsuit argues

Per the suit, Arby’s introduced two wagyu burgers to its menu for the first time in May 2022. The filing argues that the word “wagyu” in the name of the products—the Bacon Ranch Wagyu Steakhouse Burger and Deluxe Wagyu Steakhouse Burger—leads reasonable consumers to believe that the beef in the burgers “comes entirely from wagyu cows.”

As the complaint tells it, Arby’s “deceptive” use of the word “wagyu” is reinforced in its marketing and advertising of the burgers. The lawsuit says the burgers are described in Arby’s email marketing, for example, as using “wagyu beef,” yet no mention is made of the inclusion of regular angus beef in the products.

The same is true for Arby’s description of the burgers on food delivery apps, such as Postmates, the case says.

In reality, the case alleges, the products’ beef patties contain 48 percent regular angus beef. Arby’s, the suit contends, “knew or should have known” that naming and describing the burgers as “wagyu” was deceptive and would mislead reasonable consumers.

“The false perception that the Products use solely wagyu beef is material to consumers’ purchasing decisions because wagyu beef is universally seen as a premium beef due to its unique taste and marbling of fat,” the complaint says. “As such, wagyu beef commands a price premium over conventional beef.”

Further, the lawsuit argues that Arby’s and co-defendant Inspire Brands are well aware that consumers value and demand wagyu beef. Per the case, the products at issue are the first burgers ever offered by the restaurant and were intentionally touted as “wagyu” in an attempt to “raise the bar” on “[b]oring burgers,” as Arby’s chief marketing officer put it.

In Arby’s May 2022 press release announcing the new wagyu burgers, the company stated that the products are “50% larger than McDonald’s Quarter Pounder” and made with “a blend of 52% American Wagyu and 48% ground beef,” cooked “using Sous Vide style.”

Who does the lawsuit cover?

The case looks to represent all U.S. residents who bought Arby’s Bacon Ranch Wagyu Steakhouse Burger or Deluxe Wagyu Steakhouse Burger within the applicable statute of limitations period.

I’ve had an Arby’s wagyu burger. What comes next?

When a proposed class action is initially filed, there’s usually nothing a consumer needs to do to join or be included in the litigation. For these kinds of lawsuits, it’s typically only if and when a case settles that the people covered by the suit, who are called “class members,” would need to act, usually by filling out and submitting a claim form online or by mail.

If the Arby’s wagyu burger class action were to settle, those who are covered by the case would more than likely receive a notice about it by mail and/or email (or read about it on this very website). A settlement notice generally contains information on how, where and by when to file a claim; a consumer’s legal rights; and pertinent details.

Class action suits tend to take some time to work through the legal process toward a settlement, dismissal or arbitration. If you’ve bought an Arby’s wagyu burger, or just want to stay in the loop on class action lawsuit and settlement news, sign up for ClassAction.org’s free weekly newsletter.