California Fuddruckers ‘Kobe Beef’ Class Action Settlement

A settlement has been reached in a class action lawsuit claiming that Luby’s Fuddruckers Restaurants LLC falsely marketed Kobe beef menu items sold at its restaurants.

If you were exposed to Fuddruckers’ menu and purchased an item advertised to contain “Kobe” beef from a California Fuddruckers restaurant between Nov. 26, 2010 and Dec. 19, 2014, you may be entitled to benefits from the class action settlement.

According to the Fuddruckers class action lawsuit, “Kobe” beef refers to beef that comes from the Wagyu bloodline of cattle that are located only in the Kobe region of Japan.

Plaintiff Jaime Gonzalez asserts that the menu items at Fuddruckers restaurants do not contain Kobe beef, and that Fuddruckers’ menus misled consumers about the availability of menu items that contain Kobe beef.

Gonzalez asserts that Fuddruckers purported to sell menu items containing Kobe beef at a time when imports of Kobe beef were banned. According to the Fuddruckers class action lawsuit, the U.S. Department of Agriculture banned imports of Kobe beef due to concerns about disease from May 2010 until shortly before the class action lawsuit was filed in November 2014.

Fuddruckers denies the allegations but agreed to settle the Kobe beef class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

In addition to providing comp cards to Class Members who submit timely and valid Claim Forms, Fuddruckers has agreed to make changes to its menu.

According to the class action settlement documents, the restaurants no longer sell any menu items with the word “Kobe” without including a qualifier to inform consumers that the beef does not come from Japan.

Who’s Eligible

Class Members of the Kobe beef settlement include: “All California based consumers who were exposed to Defendant’s online and/or in store menus, and who purchased a Subject Food Product (or any menu item that was advertised to contain ‘Kobe’ beef on Defendant’s online and/or in store menus) at or from a Defendant’s restaurant located in the State of California at any time from November 26, 2010 to December 19, 2014.”

Potential Award

A comp card worth either $6 or $9, depending on whether the Class Member submits a receipt or other documentation to show that a purchase was made at a California Fuddruckers restaurant between Nov. 26, 2010 and Dec. 19, 2014.

Class Members who provide documentation of purchase during the Class Period can claim a $9 comp card, while those without proof of purchase can claim a $6 comp card.

Proof of Purchase

None required. However, Class Members who do not provide proof of purchase are only eligible to claim a $6 comp card. Claimants must attest under the penalty of perjury that they purchased a Kobe beef product from a California Fuddruckers restaurant during the Class Period.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/30/2016

Case Name

Jaime Gonzalez, et al. v. Luby’s Fuddruckers Restaurants LLC, et al., Case No. BC565138, in the Superior Court of the State of California in and for the County of Los Angeles

Final Hearing

2/16/2017

Settlement Website

www.KobeSettlement.com

Claims Administrator

Gonzalez v. Luby’s Fuddruckers Settlement Administrator
c/o Kurtzman Carson Consultants (KCC)
P.O. Box 40007
College Station, TX 77842-1099
1-888-683-1099
Admin@KobeSettlement.com

Class Counsel

Edwin Aiwazian
Arby Aiwazian
Joanna Ghosh
LAWYERS FOR JUSTICE PC

Kevin Shenkman
Mary Ruth Hughes
SHENKMAN & HUGHES PC

Defense Counsel

Anthony J. Ellrod
Ladell Muhlestein
MANNING & KASS ELLROD RAMIREZ TRESTER LLP