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A lawsuit alleging Arby’s has engaged in false advertising will be going forward as the company lost its motion to dismiss the case. The lawsuit claims Arby’s has misled customers in regards to the size and quality of its sandwiches.
The class action lawsuit, which was filed in September 2023 by Joseph Algonis, says that Arby’s misleads its customers with its advertising as they ultimately sell a product that’s different than the one they promote.
The lawsuit specifically notes the sizes of the sandwiches/the amount of meat they contain, and the quality of said meat: in their advertisements, the company “made the meat look like rare roast beef when it is actually ‘fully cooked.'”
Arby’s items named in the lawsuit include 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.
Arby’s being sued for false advertising, plantiff claims they misled customers in regards to sandwich sizes and meat quality
“Plaintiff Joseph Alongis (“Alongis”) brings claims on behalf of himself and similarly situated individuals against Defendant Arby’s Restaurant Group, Inc. (“Arby’s”) for its use of allegedly false and misleading advertisements… ), which allegedly misrepresented that the Sandwiches contain rare roast beef and contain at least double the amount of meat than what is actually sold to consumers,” the official lawsuit reads.
Arby’s is being sued for false advertising
Lawsuit alleges:
• Ads make the sandwiches appear to have ‘at least 100% more meat’ than they really do
• Made the meat look like rare roast beef when it is actually ‘fully cooked’
Arby’s lost its motion to dismiss the case
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While Arby’s Restaurant Group, Inc. filed a motion to dismiss the claiming that the above photos “amounted to non-actionable puffery,” the court rejected the motion, stating that the featured photos do not consist of “subjective statements of opinion.”