Benihana Class Action Alleges Fake Crab In Sushi Rolls

A class action lawsuit claims that Benihana advertises certain sushi rolls on their menu as containing crab, when in fact, they don’t.

Plaintiff Youngsuk Kim says that Benihana Teppanyaki, as well as RA Sushi and Haru restaurants, advertise their Shrimp Lovers Roll, Shrimp Crunchy Roll, Alaskan Roll, Dragon Roll, Chili Shrimp Roll, Rainbow Roll, Spider Roll, Sumo Roll Baked, Lobster Roll and the California Roll as containing crab meat. 

However, the Benihana class action states that these sushi rolls include imitation crab instead of real crab meat.

The Benihana class action lawsuit claims that even though the menu provides notice that “Kani kama crab” and “kani kama crab mix” includes imitation crab, the defendant does not disclose that these certain rolls contain the imitation crab mix, which misleads customers into believing that the food items are made with actual crab meat.

The plaintiff says Benihana engages in a “classic bait and switch tactic” by falsely labeling and advertising food containing crab, when it does not.

Kim claims that during the last four years, he has purchased sushi at Benihana which supposedly contained crab meat. He says that the in-store menus did not disclose that the sushi rolls he purchased included imitation crab.

The plaintiff alleges that he relied on Benihana’s misrepresentations on the menu and would not have purchased the food if he knew that the representations were false and misleading.

“They have intentionally misbranded the food products by using imitation crab meat in the Food Products, despite advertising that these Food Products contain ‘crab,'” the RA Sushi class action states.

“In light of Defendant’s representations and omissions, as alleged herein, regarding the Food Products, Plaintiff and members of the putative class reasonably believed that the Food Product contained crab meat,” the Benihana class action lawsuit alleges.

Kim states that had he been adequately informed that the rolls he purchased did not contain crab meat, we would have acted differently, by either not purchasing the products, or paying less for them.

The Benihana class action lawsuit alleges that the defendant engaged in the false, misleading, and deceptive advertising practices in order to increase its profits.

In addition, Kim says this practice also adds up to unlawful competition and “provides an unlawful advantage over Defendant’s competitors as well as injury to the general public.”

The plaintiff maintains that he and potential Class Members should receive punitive damages as Benihana acted with conscious disregard for their legal rights as a result of the deceit.

“Benihana intentionally concealed and failed to disclose the truth about its misrepresentations and false advertising scheme for the purpose of inducing Plaintiff and others similarly situated to purchase food items at Benihana,” the RA Sushi class action lawsuit states.

Kim claims that Benihana violated California’s Business & Professions Code, California’s Consumers Legal Remedies Act, the warranty laws of California, California common law, Arizona Consumer Fraud Act, Texas Deceptive Trade Practices-Consumer Protection Act, and New York Deceptive Acts and Practices Act.

The Benihana class action lawsuit was originally filed in California Superior Court in San Bernardino, but has been recently removed to federal court.

Did you order a sushi roll that you thought contained crab meat at Benihana? Leave a message in the comments section below.

The plaintiff is represented by Kenneth H. Yoon, Stephanie E. Yasuda, Brian G. Lee of Yoon Law APC, Preston H. Lim of Lim Law Group PC and Jon Yun Kim of the Law Offices of Jong Yun Kim.

The Benihana Crab Meat Class Action Lawsuit is Kim v. Benihana, Case No. 5:19-cv-02196, in the U.S. District Court for the Central District of California.

Read More Lawsuit & Settlement News:

Whole Foods Class Action Says Sugar Is Hidden In Oatmeal

Neocate Infant Formula Linked to Broken Bones, Rickets: Study

Honey Bunches of Oats Class Action Says Cereal Sweetened With Sugar, Corn Syrup

Why is Black Lung Disease Still Killing Coal Miners?