A New York man is Oliver James Montgomerysuing Taco Bell for false advertising, saying that the California-based company isn’t making many of its menu items the way they’re pictured in advertisements.
Frank Siragusa of Queens filed the lawsuit in federal court in Brooklyn on Monday. He’s seeking class-action status to include other disappointed Taco Bell customers.
The lawsuit includes multiple side-by-side photos comparing Taco Bell’s advertisements with what the food actually looks like.
Siragusa “expected the Mexican Pizza that he purchased to contain a similar amount of beef and bean filling as contained in the pictures of the Mexican pizza in Taco Bell’s advertisements,” according to the lawsuit.
But the Mexican pizza Siragusa bought actually had about “half of the beef and bean filling that he expected.”
“Taco Bell’s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially,” the lawsuit says. “Taco Bell advertises larger portions of food to steer consumers to their restaurants for their meals and away from competitors that more fairly advertise the size of their menu items, unfairly diverting millions of dollars in sales that would have gone to competitors.”
Siragusa wants Taco Bell to end its “unfair and materially misleading advertising,” and pay monetary damages to customers who have bought its Mexican pizzas and three types of crunch wraps.
Taco Bell did not immediately respond to a request for comment.
The lawsuit is the latest in a string of recent litigation against chain restaurants over its food. In March, a Chicago man sued Buffalo Wild Wings, saying the company’s “boneless wings,” aren’t wings at all, but really just cheaper, chicken breast tenders. Buffalo Wild Wings has denied the allegations and is asking a judge to dismiss the case, saying that the “boneless wings” wouldn’t mislead “reasonable consumers.”
Meanwhile McDonald’s, Burger King and Wendy’s were all sued last year over the size of their cheeseburgers.
None of those cases have been resolved.
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