Arby’s sandwich with less meat beside bold lawsuit warning text.

Arby’s Sued for Misleading Customers Over Meat Portions

Arby’s, the fast-food chain known for its tagline “We Have the Meats,” is now in legal trouble. A New York lawsuit claims that the company misled customers by exaggerating the amount of meat in its sandwiches.

In September 2023, Joseph Alongis filed a class action complaint against Arby’s Restaurant Group Inc. The case alleges that Arby’s used deceptive advertising to make its sandwiches appear larger and meatier than they actually are.

What the Lawsuit Claims

  • Ads allegedly show sandwiches with at least 100% more meat than what customers receive.
  • Food stylists used tricks, such as pushing all the meat to the front of the sandwich or using props, to make portions look bigger.
  • Photos also display meats that appear rare or fresh, while the real sandwiches are fully cooked and look different.

According to the plaintiff, this advertising lures customers into paying full price for sandwiches that don’t match expectations.

“Similar issues have been raised in other cases. Check out our coverage in the Food Recalls section.”

Court Denies Arby’s Dismissal Motion

Arby’s tried to dismiss the lawsuit, arguing that its ads were simply “non-actionable puffery,” a legal term for exaggerated marketing that consumers shouldn’t take literally.

Side-by-side comparison of Arby’s roast beef sandwich in ad vs real purchase.
Customers claim Arby’s ads show nearly double the meat compared to what they receive.

However, the court disagreed. It ruled that the photos used in Arby’s marketing could mislead a reasonable customer, so the case will move forward.

What’s Next

The lawsuit seeks two outcomes:

  1. Monetary damages for customers who paid more based on misleading ads.
  2. Injunctive relief, meaning Arby’s would need to fix its ads or stop selling overstated menu items.

For now, litigation is ongoing. There is no settlement yet, but the case has already drawn significant attention. Customers and industry experts are closely watching how this unfolds.

If successful, the lawsuit could set an example for how fast-food chains present their menu items in advertising.

For more on the lawsuit, see this detailed report at Allrecipes.

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