Popeyes Louisiana Kitchen, Inc. makes a product it calls Popeyes Chicken Tenders. The complaint alleges that the advertising for the product is false and deceptive, because the word “tenders” leads consumers to believe that they are made from chicken tenderloins, which it claims are tenderer and juicier than other parts of the chicken breast. The complaint claims that the product is made from ordinary breast meat.
Two classes have been defined for this action:
- The Nationwide Class is all residents of the US who bought any of the chicken tender products for personal, family, or household consumption and not for resale during the applicable statute of limitations.
- The New York Class is all residents of New York who bought any of the products for personal, family, or household consumption and not for resale during the applicable statute of limitations.
The products at issue in this action include the following, and possibly others:
- 3 Piece Tenders
- 5 Piece Tenders
- 3 Piece Tender Combo
- 5 Piece Tender Combo
- 8 Piece Tenders Family Meal
- 10 Piece Tenders Box
- 10 Piece Tenders Bundle
- 12 Piece Tenders Family Meal
- 16 Piece Tenders Family Meal
The complaint alleges that chicken tenders are usually made from the tenderloin part of the chicken. It describes the tenderloins as “the small strips of meat that are loosely attached to the underside of each breast, along the breastbone.” These parts of the chicken, the complaint says, are tenderer and juicier than the rest of the chicken breast, as well as significantly smaller, making them more expensive.
The complaint alleges that “the perception that the Products are actual chicken tenders made from chicken tenderloins is material to consumers.”
“In reality, however,” the complaint alleges, “the Products are not made from tenderloin, but with the less premium, remaining portion of the chicken breast, which is a different cut of the chicken.” Therefore, it says, Popeyes has falsely and deceptively advertised the “tenders.”
The complaint reproduces advertising, information, and packaging from other Fried chicken sources, such as the Culvers and Kentucky Fried Chicken fast-food chains and Tyson packaged foods, that specifically note that their chicken tenders come from the chicken tenderloin.
According to the complaint, Popeyes charges a higher price for its chicken tenders than consumers would be willing to pay if it admitted that the meat in them was ordinary breast meat. “By the use of misleading representations,” the complaint alleges, Popeyes “created increased market demand for the Products and increased its market share relative to what its demand and share would have been had it marketed the Products truthfully.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Popeyes Chicken “Tenders” Not Made from Chicken Tenderloin Complaint
July 29, 2022
Popeyes Louisiana Kitchen, Inc. makes a product it calls Popeyes Chicken Tenders. The complaint alleges that the advertising for the product is false and deceptive, because the word “tenders” leads consumers to believe that they are made from chicken tenderloins, which it claims are tenderer and juicier than other parts of the chicken breast. The complaint claims that the product is made from ordinary breast meat.
Popeyes Chicken “Tenders” Not Made from Chicken Tenderloin ComplaintCase Event History
Popeyes Chicken “Tenders” Not Made from Chicken Tenderloin Complaint
July 29, 2022
Popeyes Louisiana Kitchen, Inc. makes a product it calls Popeyes Chicken Tenders. The complaint alleges that the advertising for the product is false and deceptive, because the word “tenders” leads consumers to believe that they are made from chicken tenderloins, which it claims are tenderer and juicier than other parts of the chicken breast. The complaint claims that the product is made from ordinary breast meat.
Popeyes Chicken “Tenders” Not Made from Chicken Tenderloin Complaint