Arby’s has been accused in a lawsuit of downsizing its meals – a troubling trend that has roiled fast-food lovers.
A New York resident filed a class action lawsuit against the chain famous for its roast beef sandwiches, claiming the restaurant shrunk the size of its fries and beverages without lowering prices or informing customers of the changes.
‘Arby’s deceptively continues to sell its fries and beverages in smaller sizes which are now substantially smaller than the old sizes,’ read the suit, according to the New York Post.
‘The increase in prices may never be noticed by Arby’s purchasers, who may be left only with a strange feeling, short of satiety, even though this was due to… downsizing.’
The suit alleges that Arby’s decreased the size of its kids fries, which in turn reduced the sizes of its small, medium, and large-sized portions.
The fast-food chain did the same thing with its drinks ‘without any corresponding reduction in price … or disclosure to its customers,’ the suit said.
As of now, Arby’s French fries cost $3.74 for a small portion, $4.49 for a medium and $4.99 for a large.
The lawsuit comes amid the proliferation of shrinkflation and greedflation.
A New York resident sued Arby’s for allegedly downsizing some menu items
Arby’s was hit by another class action lawsuit in 2023.
The restaurant was accused of false advertising regarding its roast beef sandwiches and other menu items.
‘Marketing material shows sandwiches with plentiful meat of high quality, but the reality is that customers receive less than half the advertised meat,’ according to The Russo Firm, which represented the plaintiff.
‘The meat is also of much lower quality than advertised, leading the plaintiff to have negative experiences at the fast food chain.’
Examples of the alleged false advertisements included in the court filing were images used for the media and food delivery apps.
According to the suit, the plaintiff purchased the items from September 5, 2020, to the 2023 filing date.
One example came after the plaintiff purchased a Double Beef ‘N Cheddar for $7.69 and a Smokehouse Brisket sandwich for $7.39 in 2023.
He claimed the sandwiches did not have rare roast beef and only had half the meat expected from the advertisements.
Another plaintiff accused Arby’s of using false advertising for its roast beef sandwiches
Arby’s filed a motion to dismiss the case soon afterward, and the case was ongoing as of November 2024.
The most recent lawsuit comes years fast-food customers noticed an increase in greedflation – or excessive price increases to boost profits.
It’s also a potential reason why customers have become fed up over product price hikes.
Prices at fast-food restaurants have slowly become higher than the rate of inflation over the last five years.
‘Nothing has made me cook at home more than fast-food prices,’ Virginia resident Kevin Roberts told CBS MoneyWatch in May 2024.
Roberts expressed anger at price increases at McDonald’s and Taco Bell.
‘The whole conceit was that you were getting some OK-level of food for a low price and you could get it quick,’ Roberts said.
‘Now I can’t justify the expense. If I’m paying $15 for a burger and fry and drink and it’s McDonalds quality, forget about it – I’m going home.’
The plaintiff claimed Arby’s sandwiches did not have rare roast beef and only had half the meat expected from the advertisements
Besides shrinkflation and greedflation, false advertisements have become growing issues in the restaurant industry.
The Russo Firm explained why Arby’s alleged advertisement fraud did more damage than good to their plaintiff and other potential customers.
‘Their gross misrepresentation of item quality can affect the economic standing of consumers, as inflation, food, and meat prices are high,’ said attorney Anthony Russo.
‘Many families are watching their spending and aren’t getting what they paid for at Arby’s.’
McDonald’s and Wendy’s have also been defendants in a false advertising case filed by a customer.
The plaintiff in those cases filed the lawsuit 2022, accusing the chains of using undercooked patties in advertisements.
The lawsuit claimed the companies committed this action because ‘fully cooked burgers tend to shrink and look less appetizing’ and its customers are ‘receiving food that is much lower in value than what is being promised.’
US District Judge Hector Gonzalez concluded the images ‘are no different than other companies’ use of visually appealing images to foster positive associations with their products.’
Gonzalez dismissed the case in 2023 after ruling the restaurant chains did not use deceptive ads.
According to one law firm, Arby’s customers are watching their spending while not getting what they paid for
The plaintiffs in both Arby’s lawsuits are seeking damages from the restaurant.
The plaintiff in the false advertising suit is seeking economic damages as repayment for the money he spent on the food orders.
He also wants injunctive relief – a court ruling requiring a party to make changes or act in a certain way after a court result.
The relief ruling would mean Arby’s is required ‘to provide corrected advertising and/or to stop selling the Overstated Menu Items.’
