On Monday, July 31, 2023, a class action lawsuit was filed against Taco Bell, accusing Taco Bell of falsely advertising the amount of beef and other ingredients in Crunchwraps and Mexican Pizzas.
The lawsuit was filed in the U.S. District Court, Eastern District of New York. The complaint alleges that Taco Bell “materially overstates the amount of beef and/or ingredients contained in its advertisements for [the Crunchwrap Supreme, Grande Crunchwrap, Vegan Crunchwrap, Mexican Pizza, and Veggie Mexican Pizza menu items] by at least double the amount.” Taco Bell uses advertising photos depicting the menu items in each store, on drive-thru menu ordering boards, on its website, and on food delivery service websites and apps. The complaint further states that the “advertisements. . . are unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being promised.”
The complaint highlights that “inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially,” and that the advertisements are causing some consumers to order from Taco Bell and make purchases that they would not have otherwise made. Further, the complaint argues that Taco Bell is unfairly competing with other restaurants “that more fairly advertise the size of their menu items. . . unfairly diverting millions of dollars in sales that would have gone to competitors.” In support of these claims, the complaint cites an article published by The U.S. Sun, an article published on Mashed.com, and YouTube reviews of Taco Bell’s menu items.
The class action complaint cites violations of the New York Deceptive Acts and Practices Act, N.Y. Gen. Bus. Law §§ 349 and 350. The class of plaintiffs include Frank Siragusa and other plaintiffs who purchased the named menu items “from a Taco Bell located in New York during the period July 31, 2020, through the date of the final disposition of this action.” The complaint seeks relief in the form of monetary damages compensating individuals who purchased said menu items and injunctive relief requiring Taco Bell to correct its advertising and/or stop selling said menu items.
Plaintiff Frank Siragusa is represented by James C. Kelly and Anthony J. Russo, Jr. The two lawyers filed a lawsuit against McDonald’s and Wendy’s last year alleging that hamburgers sold by the two fast food chains are smaller than advertised. Russo previously filed a similar lawsuit against Burger King.
Taco Bell’s Mexican Pizza and Crunchwraps don’t look like advertising photos, suit claims, ABA Journal (August 1, 2023)
Siragusa v. Taco Bell Corp. (Case No. 1:2023cv05748)
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