Dunkin’ Donuts has been advertising what it calls an “Angus Steak and Egg Sandwich” and an “Angus Steak and Egg Snack N’ Go Wrap”—but the complaint for this class action alleges that the items do not actually contain steak.
The class for this action includes all persons in the US who bought the “Angus Steak and Egg Sandwich” or the “Angus Steak and Egg Snack N’ Go Wrap” and were charged a premium because of the “steak” in the sandwich or wrap. The action also proposes a subclass of people who purchased the products in the state of New York during the class period, although the class period has not yet been defined.
The primary allegation made by the complaint is that the meat part of the products cannot properly be called steak. The complaint provides a definition of “steak” from the Code of Federal Regulations (9 CFR 381.162) as a product which “consists of a boneless slice or strip of poultry meat of the kind indicated” (although, oddly, this definition comes from a section of the code on poultry rather than beef).
In fact, the complaint claims, the meat part of the product can’t even be properly called a “burger,” which the USDA says consists of “chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning” that “shall not contain more than 30 percent fat, and shall not contain added water, phosphates, binders, or extenders” (9 CFR 319.15).
The Dunkin’ Donuts product, the complaint claims, is properly called a “beef patty,” which contains “chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasonings. Binders or extenders…may be used without added water or with added water…” Patties, the complaint says, are inferior in quality to steaks or even burgers.
The complaint then reviews a series of commercials for the two products in which phrases such as “steak and egg,” “this is steak,” and “got to be steak” are used and even repeated, emphasizing the claim that the products contain steak.
Dunkin’ Donuts charges a premium for the “steak” products, with higher prices for them than for its other sandwiches and wraps, which again, the complaint says, implies that they are of a higher quality and contain steak.
According to the complaint, all of this adds up to deceptive advertising, sales, and marketing practices. While the Dunkin’ Donut stores are owned by franchisees, the complaint says, the company enforces strict uniform practices, including in its offerings and prices, so it brings suit against the company and holds it responsible with allegations of false labeling, false advertising, and other violations of state and federal law.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Dunkin’ Donuts “Angus Steak and Egg Sandwich” False Advertising Complaint
June 25, 2017
Dunkin’ Donuts has been advertising what it calls an “Angus Steak and Egg Sandwich” and an “Angus Steak and Egg Snack N’ Go Wrap”—but the complaint for this class action alleges that what the items contain is not steak. According to the complaint, the meat portion does not even qualify as a "burger" and, under the Code of Federal Regulations, it should be called a "patty,"
dunkin_donuts_steak_complaint.pdfCase Event History
Dunkin’ Donuts “Angus Steak and Egg Sandwich” False Advertising Complaint
June 25, 2017
Dunkin’ Donuts has been advertising what it calls an “Angus Steak and Egg Sandwich” and an “Angus Steak and Egg Snack N’ Go Wrap”—but the complaint for this class action alleges that what the items contain is not steak. According to the complaint, the meat portion does not even qualify as a "burger" and, under the Code of Federal Regulations, it should be called a "patty,"
dunkin_donuts_steak_complaint.pdf