Deceptive Advertising Practices and Misrepresentation Lead to Legal Action

In a recent legal development, Arby’s, the renowned roast beef sandwich chain, is under scrutiny as a customer initiates a class-action lawsuit, questioning the quantity of meat in their sandwiches. Joseph Alongis, the plaintiff, asserts that Arby’s has engaged in deceptive advertising practices, potentially misleading customers. The lawsuit, filed in a New York federal court on September 5, seeks compensation for alleged damages stemming from purportedly “unfair and deceptive trade practices.

A Deceptive Dish: Dissatisfaction and Deception

Joseph Alongis’ discontentment arose after ordering a Smokehouse Brisket sandwich, which bore little resemblance to the mouthwatering depiction in Arby’s advertisements. According to attorney Anthony Russo, the heart of the issue lies in the stark disparity between the advertised images and the actual contents of the sandwiches. The lawsuit contends that Arby’s promotional photographs contain “approximately 100% more meat than what the actual sandwiches that customers receive contain.” Allegedly, Arby’s places an abundance of meat in a sandwich specifically prepared for photoshoots, cleverly arranged with props to create an illusion of larger size.

Quality Concerns and Misrepresentation

The lawsuit further accuses Arby’s of misrepresenting the quality of its meat by showcasing rare roast beef in advertisements while serving a less impressive variety to customers. To bolster these claims, the court documents present side-by-side comparisons of Arby’s advertised sandwiches and the items received by customers.

Representing Dissatisfied Customers

Joseph Alongis is acting as a representative for himself and “similarly situated individuals” who have purchased various Arby’s menu items in New York, including 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/or Smokehouse Brisket. The complaint underscores that Arby’s advertising practices are detrimental to consumers, as they receive a product materially different from what is advertised.

Legal Allegations and Implications

The lawsuit has leveled several legal accusations against Arby’s, including violations of the New York Deceptive Acts and Practices Act, breach of contract, and unjust enrichment. Joseph Alongis asserts that, had he been aware that his sandwich would contain only half the meat advertised and lack rare roast beef, he would not have made the purchase. The lawsuit is of particular concern in the current economic climate, with high inflation and rising food and meat prices, placing financial pressure on many consumers, especially those with lower incomes.

As this legal dispute unfolds, it raises questions about the boundaries of advertising practices in the food industry and underscores the importance of transparency in meeting customer expectations. Arby’s will have to address these allegations in court, potentially reshaping the landscape of fast-food advertising and consumer rights in the process.