Arby’s, the fast-food chain known for its roast beef sandwiches and curly fries, is currently facing a legal battle over allegations of false advertising. The lawsuit, filed by Joseph Alongis in September 2023, claims that Arby’s has engaged in deceptive advertising practices regarding the quantity and quality of meat in its sandwiches. According to the complaint, Arby’s has been misleading consumers by exaggerating the amount of meat in its sandwiches in advertisements across various platforms.
The lawsuit alleges that the sandwiches featured in Arby’s ads contain “at least 100% more meat” than the actual products sold in stores. The plaintiff argues that Arby’s achieves this exaggerated effect through deceptive techniques such as arranging the meat at the front of the sandwich during photoshoots or using props to make the portion size appear larger. As a result, consumers are misled into purchasing sandwiches that do not match the advertised quantity of meat, leading to disappointment and a sense of being misled.
In addition to the quantity issue, the lawsuit also addresses the quality misrepresentation in Arby’s marketing campaigns. The photos in the advertisements depict sandwiches with meats that appear to be rare roast beef, when in reality, the products contain fully cooked meat. This discrepancy between the advertised quality and the actual product has led to further dissatisfaction among consumers.
Arby’s attempted to have the case dismissed by claiming that the photos in question amounted to non-actionable puffery, but the court rejected this argument. The court ruled that the photos did not constitute subjective statements of opinion, paving the way for the lawsuit to proceed.
As of now, the lawsuit against Arby’s is still ongoing, with no settlement reached at this time. The plaintiff is seeking monetary damages for consumers who paid a higher price for sandwiches due to false advertising, as well as injunctive relief to correct the misleading advertisements or stop selling the overstated menu items altogether.
It remains to be seen how the legal battle will unfold, but for now, consumers are advised to stay informed and monitor the progress of the case. With the court’s decision to deny the motion to dismiss, the lawsuit against Arby’s is moving forward, and the fast-food chain may have to make changes to its advertising practices in the future.
