Arby’s class action alleges wagyu burgers not 100% wagyu beef

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Arby’s wagyu burgers class action lawsuit overview: 

• Who: Jason Jaghori filed a class action lawsuit against Arby’s Restaurant Group Inc. and Inspire Brands, Inc. 
• Why: Jaghori claims Arby’s deceptively marketed its “wagyu” burgers to consumers by failing to disclose their patties contain 48% regular angus beef.
• Where: The class action lawsuit was filed in New York federal court.

Arby’s deceptively markets its new wagyu burgers since the beef patties actually contain 48% regular angus beef, a new class action lawsuit alleges.

Plaintiff Jason Jaghori claims Arby’s Bacon Ranch Wagyu Steakhouse Burger and Deluxe Wagyu Steakhouse Burger are marketed in a way that would lead a reasonable consumer to believe they are made entirely of wagyu beef.

“Plaintiff and Class members have reasonably relied on Defendants’ deceptive naming and advertising of the Products, reasonably believing that the beef in the Products is entirely wagyu beef,” the Arby’s class action states. 

Arby’s class action alleges restaurant sells wagyu burgers at premium price

Jaghori claims he and other consumers purchased Arby’s burgers at a “premium price” on account of them being advertised as “wagyu,” which is seen as a “premium type of beef due to its unique taste and marbling of fat.”

Further, Jaghori argues he was given no disclaimer or other statement disclosing that Arby’s “wagyu” burger contained regular angus beef at the time he purchased the product.

Jaghori claims Arby’s is guilty of unjust enrichment and common law fraud and in violation of New York General Business Law.

Plaintiff demands a jury trial and requests declaratory relief along with an award of statutory and punitive damages for himself and all class members.

Jaghori wants to represent a nationwide class and New York subclass of consumers who have purchased either the Arby’s Bacon Ranch Wagyu Steakhouse Burger or Deluxe Wagyu Steakhouse Burger.

A consumer filed a similar class action lawsuit against Burger King in March over claims that the fast food restaurant exaggerates the size of its burgers in marketing images. 

Have you purchased an Arby’s Bacon Ranch Wagyu Steakhouse Burger or Deluxe Wagyu Steakhouse Burger? Let us know in the comments! 

The plaintiff is represented by Robert Abiri of Custodio & Dubey, LLP. 

The Arby’s wagyu burgers class action lawsuit is Jaghori v. Arby’s Restaurant Group Inc., et al., Case No. 1:22-cv-05806, in the U.S. District Court for the Southern District of New York.

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