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Man on suing spree sues Taco Bell, McDonald's, Wendy's for misleading ads

Dristi SharmaAugust 1, 2023 | 15:35 IST

Imagine your disappointment when you visit a fast food restaurant like Taco Bell and find the food doesn't live up to your expectations.

Most of us would likely complain to the manager or seek a refund, but Frank Siragusa from New York had a different approach; he decided to take legal action against the company, suing them for a staggering 5 million dollars for the Mexican Pizza he ordered in September.

What on earth?

Frank Siragusa had an unsatisfactory experience at a Taco Bell in New York City last September, where he purchased a Mexican Pizza for $5.49. He firmly believed that the pizza had far less beef and bean filling than what the chain's advertising depicted. In response to his dissatisfaction, he took the matter to court and filed a proposed class action in Brooklyn federal court on Monday (July 31).

So, what exactly did the lawsuit claim? Siragusa accused Taco Bell of misleading customers through false advertising of the content in its Mexican Pizza, Veggie Mexican Pizza, Crunchwrap Supreme, Grande Crunchwrap, and Vegan Crunchwrap.

He alleged that these items contained "at least double" the actual amount of ingredients. To bolster his case, Siragusa provided photos of food showing abundant beef, cheese, and colorful vegetables, comparing them to "actual" photos posted by other customers online, which showed smaller and less vibrant portions.

Taco Bell ads are unfair and financially damaging to consumers and especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially
- Complaint said

McDonald's and Wendy's also targeted

Interestingly, this was not the first time Siragusa took issue with a fast food company. In December 2022, he, along with his lawyers, filed a lawsuit in Brooklyn against McDonald's and Wendy's, focusing on the size disparity between their burgers in advertisements and reality.

Siragusa accused these fast-food chains of engaging in unjust and misleading trade practices, seeking a substantial amount of $50 million in damages not just for himself but also for other customers who were similarly misled. As of now, the implicated chains have yet to respond to the case, which has gathered numerous complaints from various social media platforms.

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Actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially
- Complaint said (against Wendy's and Mcdonald's)


Strikingly similar claims

Curiously, the reason behind this lawsuit against McDonald's and Wendy's appears quite similar to the one used against Taco Bell.

But wait, that's not all. The same law firm brought another separate lawsuit in March, targeting Burger King in Florida. This case, representing Justin Chimienti, another resident of New York, has also made headlines.

All these cases are still pending in court. It seems they are on a suing spree. Who will be the next target?

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Similar cases in the past

This isn't the first time companies have faced legal action over false advertising claims. In 2014, Red Bull had to deal with a lawsuit concerning its slogan "Red Bull gives you wings." The class action suit alleged that consumers who had been drinking the energy drink for years did not experience the promised benefits (which were essentially similar to caffeine) and did not actually get "wings." Red Bull decided to settle the case by offering a maximum payout of $13 million, providing $10 to each US consumer who had purchased the drink since 2002.

 

Following the lawsuit, Red Bull modified its slogan to "WIIINGS" as an alternative to "wings."

In another instance, a woman in Florida sued Kraft Heinz for $5 million in 2022, claiming that their pasta did not get cooked in 3.5 minutes as advertised.

In response, Kraft Heinz Foods Company deemed the lawsuit "frivolous."

Similarly, in 2004, Hyundai reached a settlement to compensate over $85 million for overestimating the horsepower in cars imported to the US. The lawsuit represented approximately 840,000 individuals who had purchased Hyundai Elantra sedans and Tiburon sports coupes from 1996 to 2002. Investigations revealed that certain models had their horsepower falsely inflated by 10%.

These cases serve as a reminder that companies need to be cautious about their advertising claims to avoid potential legal repercussions.

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Last updated: August 01, 2023 | 15:36
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