Chipotle Mexican Grill Pinto Bean Class Action Lawsuit

By Sarah Mirando | October 20, 2011

Category: Legal News

By Mike Holter

A California man has filed a class action lawsuit against Chipotle Mexican Grill (NASDAQ: CMG), claiming the an employee falsely told him the restaurant’s pinto beans did not contain pork. The Plaintiff, who is vegetarian and Jewish and does not eat pork for “ethical, religious, moral, cultural, philosophical or health-related concerns,” accuses the national fast food chain of duping the public into believing its pinto beans are vegetarian.

Plaintiff Kevin Shenkman alleges in the Chipotle Mexican Grill class action lawsuit that he “reasonably assumed Defendant’s ‘Pinto Beans’ were not prepared with and did not contain bacon and/or pork since there were no representations made to the contrary” and because when he asked, Chipotle servers told him the beans did not contain pork.

Shenkman is accusing Chipotle of negligent and intentional misrepresentation, fraud, and violation of California laws barring false advertising and unfair business practices. He is also seeking class action status on behalf of California consumers with dietary concerns who bought the pinto beans.

A spokesman for Chipotle commented on the proposed class action lawsuit, saying the restaurant’s pinto beans have always been made with bacon “and we have not described them as being vegetarian.” To avoid future confusion, however, Chipotle will post new menu boards noting the pinto beans are made with bacon.

Shenkman’s attorney told Reuters he has not seen any pork disclosures added to the restaurant’s menus to date. The Chipotle pinto bean class action lawsuit is requesting unspecified damages, a corrective advertising campaign and an apology to Class Members for alleged fraud and false advertising.

The case is Shenkman v. Chipotle Mexican Grill, Inc., Case No. BC467980, Los Angeles Superior Court.

Shenkman is also a named Plaintiff in two class action lawsuits against Vita Coco and ONE World Enterprises for making false claims about the nutrient content in their coconut water beverages.