Fast Food Chain Sued for Alleged Failure to Disclose Presence of Chicken Stock in Vegetarian Offerings
A Jewish California resident who follows kosher practices has filed a putative class action on behalf of Hari Krishnas, Hindus, Jains, Buddhists, Taoists, Sikhs, Muslims and Jews against Panda Express, Inc., claiming that the restaurant chain fails to disclose that its vegetable menu items are actually made with significant amounts of chicken stock. Adelpour v. Panda Express, Inc., No. BC425869 (Cal. Super. Ct., Los Angeles Cty., filed November 12, 2009).
The plaintiff alleges that the company does not state in its restaurants, promotional materials or online that its vegetable dishes, such as “Mixed Veggies,” “Eggplant Tofu,” “Chow Mein,” and “Fried Rice,” are prepared with chicken stock and that she was led to believe that these dishes were vegetarian. She also alleges that she was “explicitly informed” by company servers or shift supervisors that such menu items were vegetarian.
The named plaintiff seeks to certify a class of “All California residents who abstain from consuming animal flesh or animal products for any reasons such as dietary restrictions, religious beliefs or ethical reasons, and who purchased” specified vegetable food products from any Panda Express restaurant in the state “at anytime during the period of four years preceding the filing of the Complaint to class
certification.”
She alleges intentional and negligent misrepresentation, fraud and violations of California’s False Advertising Act, Unfair Business Practices Act, and Consumer Legal Remedies Act. Specifically alleging monetary loss and emotional distress, the named plaintiff seeks compensatory and general damages, restitution and disgorgement, injunctive relief to ensure compliance with statutory law, payment to a cy pres fund, corrective advertising, an apology, punitive damages, pre- and post-judgment interest, attorney’s fees, and costs.
