Class Action Lawsuit Accuses Champps of Overcharging for Beef
By Anne Bucher
A class action lawsuit has targeted the Champps Americana Bar and Grill restaurant chain, accusing the company of charging customers for “Kobe beef” even though it actually serves lower-quality beef.
Illinois plaintiff Rene Hertsberg claims that Champps customers order and pay a higher price for burgers and sliders described as being made with Kobe beef, even though none of these dishes contain the high-quality meat. Hertsberg filed the class action lawsuit “to put an end to this deceptive and unethical practice.” He is bringing claims for breach of contract, fraud, negligence, negligent misrepresentation, intentional misrepresentation and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the Champps restaurant 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 … raised in a particular manner that yields certain distinctive qualities in the meat, including notable taste, marbling and texture.” Because of these distinctive qualities, Kobe beef has developed an international reputation for quality and sells for a “significant premium over other forms of beef.”
Although the U.S. Department of Agriculture banned the importation of beef from Japan from May 2010 to August 2012, Hertsberg claims that Champps advertised and sold menu items reportedly made from Kobe beef during that time period. According to the class action lawsuit, Champps never informed its customers that its products did not actually contain Kobe beef. In fact, Champps continually marketed, described and labeled its menu products as being made from Kobe beef.
“As a result, plaintiff and members of the class unknowingly bought an inferior product at inflated prices, believing they were paying for Kobe beef,” the class action lawsuit says. Had the Class Members known they would actually be purchasing an inferior beef product, they would not have ordered the Kobe beef menu items from Champps restaurants.
Hertsberg has filed the class action lawsuit on behalf of himself and a class of all consumers who purchased Kobe beef menu items from a Champps restaurant from August 2008 until the date of final judgment. He is seeking an injunction to prevent Champps from falsely marketing, advertising or selling Kobe beef products that do not actually contain Kobe beef.
In his class action lawsuit, Hertsberg claims that “Champps’ misrepresentations wee the immediate, actual and proximate cause of Plaintiff and Class Members suffering financial harm and other damages, including, but not limited to, the loss of the funds they spent on Kobe Beef Menu Items.” He wants the class to be awarded disgorgement of all of the company’s earnings gleaned from the false advertising, as well as actual, consequential and punitive damages.
The plaintiff in the proposed class action lawsuit is represented by William J. Ryan and Seth R. Yohalem of Scandaglia & Ryan and Kevin I. Shenkman of Shenkman & Hughes.
The Champps Kobe Beef Class Action Lawsuit is Rene Hertsberg v. Champps Operating Corp., case No. 2013-CH-18590, in the Circuit Court of Cook County, Ill.
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