Hardee’s Class Action Lawsuit Says Breakfast Sandwich Needs More Ham

A Florida consumer is taking issue with a Hardee’s breakfast sandwich in a class action lawsuit, arguing that the sandwich contains far less ham than what is advertised.

Plaintiff Christopher Holly recently filed the class action lawsuit against Hardee’s Food Systems Inc. claiming that the company skimps on ham in their Frisco Breakfast Sandwich despite advertising the product as full of ham.

Holly alleges that these actions are in violation of numerous laws including Florida’s False Advertising Law and Florida’s Unfair Competition Law.

The Frisco Breakfast Sandwich was introduced by Hardee’s in 1992 and contains a folded egg, thinly sliced ham, and American and Swiss cheeses.

Hardee’s advertises the breakfast sandwich as containing a significant amount of ham but allegedly does not deliver the same amount of ham on the actual sandwich. Holly claims that the amount of ham on the actual sandwich cannot “be considered even close” to the amount of ham which is portrayed in advertisements.

“Relying on representations about the amount of ham on the sandwich, consumers have been misled en masse into purchasing an inferior, misleading, adultered, and under-filled product, containing much less ‘sliced ham’ as so displayed in the defendant advertisement,” Holly claims in his Hardee’s class action lawsuit.

Businesses such as Hardee’s are required to submit truthful, non-misleading advertisements for their consumers under the Federal Trade Commission’s (FTC) Truth in Advertising Act, especially concerning advertisements for food, according to the Hardee’s class action lawsuit.

Holly argues that Hardee’s conduct is false advertising, meant to encourage consumers to purchase the Frisco Breakfast Sandwich based on representations that are untrue. He also claims that the behavior constitutes unjust enrichment and violates Florida’s Consumers Legal Remedies Act.

“Such acts of product quantity misrepresentation result in consumers suffering a pecuniary loss by paying more for a product than they otherwise would have, or by purchasing a product they would not have absent the false, misleading, and deceptive advertising pictures,” the Hardee’s breakfast sandwich class action lawsuit states. “At minimum, consumers purchased the sandwich believing their amount of sliced ham would reasonably resemble the amount of sliced ham displayed in the defendants advertisement.”

Holly seeks to represent numerous Classes in his Hardee’s Frisco Breakfast Sandwich class action lawsuit, including a Florida Class of the state’s consumers who purchased Hardee’s Frisco Breakfast Sandwich.

He also seeks to represent a Nationwide Class of the same consumers across the country and a Multi-State Class of consumers from numerous states including: Alabama, Arkansas, Colorado, District of Columbia, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, Wisconsin, West Virginia, and Wyoming.

The Hardee’s class action lawsuit seeks damages, restitution, disgorgement, court costs, and attorneys’ fees.

Christopher Holly, CPL, AAS is representing himself in this Hardee’s class action lawsuit.

The Hardee’s Breakfast Sandwich Class Action Lawsuit is Holly v. Hardee’s Food Systems Inc., Case No. 5:18-cv-00453-JSM-PRL, in the U.S. District Court for the Middle District of Florida.