June 11, 2008
Two New Class Actions Based on Restaurant Menus
The National Law Journal (via law.com) reports on two new class actions filed against several nationwide restaurant chains alleging that their menus misrepresent the nutritional content of various items:
The lawsuits also allege that much of the menus' nutrition information is inaccurate and that independent laboratory analysis shows that the fat content for some food items is double or triple the amount listed, for example.
Given the inherent difficulty of tying any one menu selection to weight gain, plaintiffs have chosen to bring consumer-fraud claims. The suit filed against Applebee's in the Central District of California brings three state statutory claims: the Consumer Legal Remedies Act, the Unfair Competition Law, and the False Advertising Statute. The suit filed against Chili's Grill & Bar, On the Border Mexican Grill & Cantina, and Romano's Macaroni Grill in the Northern District of Texas also asserts three consumer fraud claims: common law breach of contract, unjust enrichment, deceptive trade practices.
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