The Taco Bell website depicts its Crunchwrap Supreme brimming with fresh meat, creamy cheese, and vibrant lettuce and tomatoes. But in reality, customers are often handed a sad imitation of the popular item — a flat wrap barely filled with ingredients, according to a new lawsuit.
New York resident Frank Siragusa filed a lawsuit in August claiming popular menu items including the Crunchwrap Supreme, Grande Crunchwrap, and Veggie Mexican Pizza overstate the amount of filling in advertisements by “at least double,” according to the lawsuit.
Siragusa’s lawyers, James Kelly and Anthony Russo, are leading the charge against misrepresentation in fast food advertising. The suit against Taco Bell is one of many recent lawsuits against fast food companies including Wendy’s, McDonald’s, Burger King, and Arby’s.
What are the arguments against the fast food brands’ alleged false advertising?
The pair of lawyers compare images of fast food advertisements alongside shots of the real-life item. Marketing photos of burgers depict fluffy buns, steaming meat, and heaps of cheese and fresh vegetables. Real-life photos show flattened burgers much less vibrant than advertised.
The duo focuses on quantity, arguing that ads misrepresent the amount of food customers receive. These lawsuits are currently ongoing.
What does it mean to be a ‘reasonable consumer?’
These cases can be especially difficult because judges must decide whether companies are practicing false advertising or just advertising — which many consumers expect to be an enhanced version of reality to attract more customers.
For a judge or jury to side with the plaintiffs in a false advertising case, lawyers must prove that the ad in question would deceive a “reasonable consumer.” According to LSD Law, a reasonable consumer is determined by assessing whether a normal person would believe the ad.
In response to a false advertising lawsuit, Burger King argued that reasonable consumers viewing food ads know that the food is styled to make it appear as appealing as possible, so the company asserts its ads are not misleading to customers.
How will these lawsuits affect my food?
Lawsuits against fast food companies have increased in the last three years. These efforts have been spearheaded by lawyers such as Kelly and Russo. Siragusa is seeking $5 million in his lawsuit against Taco Bell. If these types of lawsuits increase, fast food companies could lose substantial amounts of money and alter their marketing strategies to avoid financial consequences.
For now, enjoy your fast food delicacies, but keep in mind they probably won’t look the same as in their flashy ads.