Marriott Faces Class Action Lawsuit Over Inferior Kobe Beef

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How would you feel if the “Kobe beef” sliders you were served at your wedding party did not actually contain Kobe beef?

You would probably feel like Plaintiff Anthony Schittino, who has filed a class action lawsuit against Marriott International Inc. alleging that it unlawfully marketed and sold “Kobe beef” to its paying customers and patrons and then provided cheaper and inferior forms of beef.

According to the class action lawsuit, Kobe beef is only available from Japan. The term “Kobe” signifies that the beef comes from the Wagyu bloodline of cattle which are isolated in the Kobe region of Japan. The cattle are raised in a particular manner that yields certain distinctive qualities in the meat, including notable taste, marbling and texture. Because of its unusual and distinctive qualities and international reputation Kobe beef sells for a significant premium over other forms of beef.

The plaintiff and his wife, Monica Schittino, including approximately 300 guests, celebrated their wedding on October 29, 2011, at the Lincolnshire Marriott Resort in Lincolnshire, Illinois. Marriott sold the husband and wife “Kobe Beef” sliders as part of the food. According to the class action lawsuit, the plaintiff paid Marriott $29,000 to host the wedding there. It was not clear, however, how much of that money went to the “Kobe beef” sliders.

According to the class action lawsuit, Marriott did not disclose that the “Kobe beef” sliders Schittino paid for did not contain Kobe beef. In fact, the class action lawsuit says, the U.S. Department of Agriculture banned importation of beef and cattle from Japan, including “Kobe” beef and “Wagyu” cattle, from approximately May 2010 to August 2012 to prevent the spread of Foot and Mouth Disease as well as Bovine Spongiform Encephalopathy.

Despite this, the plaintiff said that Marriott “continually marketed [the sliders], described them, and labeled them as being made from Kobe beef” and “was able to reap substantial profits.”

The Plaintiff is claiming for breach of contract, negligence, intentional misrepresentation, negligent misrepresentation, fraud and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and seeks an injunction prohibiting Marriott from continuing this practice, damages in the form of disgorgement of any profits Marriott has reaped from this practice, plus exemplary damages, expectation damages, full restitution, other consequential damages and attorney’s fees and costs.

The proposed class is defined as: All consumers who purchased an item described by Marriott as containing “Kobe beef” at a Marriott located within the United States at any time from October 11, 2009 to final judgment.

The Plaintiff is seeking that the action be certified as a class action, designating himself and his counsel as representatives of the Class.

The Plaintiff is represented by William J. Ryan, Seth R. Yohalem of Scandaglia & Ryan and Kevin I. Shenkman of Shenkman & Hughes.

The “Kobe Beef” Slider Class Action Lawsuit is Anthony Schittino v. Marriott International Inc., Case No. 13ch23202, in the Circuit Court of Cook County, Illinois / County Department, Chancery Division.