Class Action Says Popeyes Chicken Tenders Made from Chicken Breast, Not Tenderloins
Sanders v. Popeyes Louisiana Kitchen, Inc.
Filed: July 29, 2022 ◆§ 1:22-cv-04477
A class action alleges Popeyes Louisiana Kitchen has falsely advertised its chicken tenders in that the products are actually made from chicken breast, not tenderloins.
A proposed class action alleges Popeye’s Louisiana Kitchen has falsely advertised its chicken tenders in that the products are actually made from chicken breast, not tenderloins.
The 18-page lawsuit says that chicken tenderloins, small strips of meat under each breast that run along the breastbone, are more tender and juicier than regular chicken breast, making them “more desirable for consumption” and thus more expensive.
Unbeknownst to consumers, Popeye’s chicken tenders are made from the remainder of the chicken breast, the suit claims, arguing that buyers have paid a “premium price” based upon their belief that what they were buying was comprised entirely of chicken tenderloin.
Per the case, each Popeye’s chicken tenders product, including its three-, five-, eight-, 10-, 12- and 16-piece combo meals, is “falsely and deceptively” advertised. The complaint stresses that consumers “do not know and have no reason to know” that Popeye’s chicken tenders are not made from chicken tenderloin.
“The perception that the Products are actual chicken tenders made of entirely chicken tenderloins (and no other cut of chicken) is material to consumers. Chicken tenderloins are the small strips of meat that are loosely attached to the underside of each breast, along the breastbone. As a result, chicken tenderloins are more tender than chicken breast, and hence, the name chicken tender. Chicken tenderloins are also more moist than regular chicken breast, making them more desirable for consumption.”
According to the filing, chicken tender products made by other companies, such as Culvers, Kentucky Fried Chicken and Tyson, are actually made from tenderloins.
“Through the use of misleading representations, Defendant commands a price that Plaintiff and the Class would not have paid had they been fully informed of the truth about the Products,” the case contends.
The lawsuit looks to represent all United States residents who bought any Popeye’s chicken tenderloin products for personal, family or household consumption and not for resale within the applicable statute of limitations period.
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