Red Lobster Biscuits Lawsuit Says Boxes of Cheddar Bay Biscuit Mix Make Fewer Servings Than Advertised

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A proposed class action lawsuit contends that boxes of Red Lobster’s Cheddar Bay Biscuit Mix are unable to make 10 biscuits as advertised given that they contain only enough ingredients to make roughly seven biscuits.

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The 20-page Red Lobster lawsuit says that although the packaging of the Cheddar Bay Biscuit Mix represents that a box contains “about 10 servings” and “makes 10 biscuits,” the correct weight of one serving—1/3 cup—means each box can actually make approximately seven biscuits, not 10. This is because the net weight of a box of Cheddar Bay Biscuit Mix—322 grams, or 46.9 grams per serving—is equal to 6.9 servings, the lawsuit claims.

The case accuses Red Lobster of misrepresenting the number of servings in each box by an average of 3.1 servings, or 31.38 percent.

Ultimately, Red Lobster and co-defendant Continental Mills have harmed consumers economically by knowingly shorting them on the number of servings in each box of cheddar biscuit mix, the filing alleges.

“Defendants are fully aware of their misrepresentation,” the suit alleges.

Per the complaint, Red Lobster and Continental Mills presumably determined the apparent number of servings in each cheddar biscuit mix box by dividing the net weight of the box in grams by what they claim on the label is the weight of 1/3 cup of product, 32 grams. In reality, the weight of 1/3 cup of the product is roughly 46.9 grams, the filing says.

“Preliminary testing of 168 samples from twelve different containers from twelve different lots of the Product shows, however, that a 1/3 cup serving of the Product actually weighs 46.9 grams, on average.”

The lawsuit looks to recover $0.92 for every box of Red Lobster Cheddar Bay Biscuit Mix sold to consumers due to the defendants’ “false, deceptive, misleading, and unfair marketing and advertising.”

According to the filing, consumers have received a product that was inferior to what was advertised and described on the label by the defendants, and would not have bought the biscuit mix, or would have paid less for it, had they known they’d be shorted on the number of advertised servings.

The lawsuit looks to cover all persons in the United States who bought Red Lobster Cheddar Bay Biscuit Mix for personal, family or household use.

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