Arby’s Overstates Amount, Quality of Meat in Sandwiches, Class Action Alleges
Last Updated on September 25, 2023
Alongis v. Arby’s Restaurant Group, Inc.
Filed: September 5, 2023 ◆§ 2:23-cv-06593
A class action lawsuit accuses Arby’s of overstating the amount and quality of meat in certain menu items.
New York
A proposed class action lawsuit accuses Arby’s of overstating the amount and quality of meat in certain menu items.
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The 16-page lawsuit says in particular that photographs of the Arby’s sandwiches at issue, displayed on in-store and drive-thru menus and online, give consumers the impression that the items are made with “100% more meat” than they actually contain. Per the case, Arby’s, when photographing its sandwiches, places all of the meat therein “to the front” of the sandwich, causing it to appear much larger in size than what’s actually provided to customers.
Ultimately, Arby’s false advertising of certain products—namely, the Arby’s Classic Roast Beef, Double Roast Beef, Half Pound Roast Beef, Classic Beef ’N Cheddar, Double Beef ’N Cheddar, Half Pound Beef ’N Cheddar and Smokehouse Brisket sandwiches—unfairly tricks consumers into purchasing items that are lower in value than what they are led to expect, the case alleges.
“Arby’s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially,” the complaint reads.
Moreover, the advertisements also misrepresent the contents of the sandwiches as rare roast beef when, in fact, the meat “regularly served to customers is not rare roast beef,” the case alleges.
As the complaint tells it, Arby’s conduct has given it an unfair advantage over competing restaurants that accurately represent their products.
“Arby’s advertises larger portions of food to steer consumers to its restaurants for their meals and away from competitors that more fairly advertise the size of their menu items, unfairly diverting millions of dollars in sales that would have gone to competitors,” the filing contends.
The plaintiff, a New York resident who purchased a Double Beef ’N Cheddar sandwich and Smokehouse Brisket sandwich from an Arby’s in August 2023, says he expected the products to be made with rare roast beef and come with an amount of meat similar to that seen in the pictures advertised by the restaurant. Contrary to Arby’s representations, however, the sandwiches contained “no rare roast beef at all” and “approximately half of the meat that he expected,” the suit claims.
The plaintiff says he would not have paid as much for the sandwiches, or bought them at all, had he known that the fast food chain overstated the amount and quality of the meat found inside them.
The lawsuit looks to represent anyone who purchased any of the menu items listed on this page from an Arby’s located in New York since September 5, 2020.
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