Chicken Tenders Must Be Chicken Tenderloin, Plaintiff Argues

A consumer has filed a putative class action alleging Popeyes Louisiana Kitchen Inc. misled her into believing that the restaurant’s chicken tenders were composed of chicken tenderloins. Sanders v. Popeyes Louisiana Kitchen Inc., No. 22-4477 (E.D.N.Y., filed July 29, 2022).

“Traditionally, chicken tenders are made from chicken tenderloins,” the complaint asserts. “Chicken tenderloins are the small strips of meat that are loosely attached to the underside of each breast, along the breastbone. As a result, chicken tenderloins are more tender than regular chicken breast, and hence, the name chicken tender. Chicken tenderloins are also juicier, making them more desirable for consumption. They are significantly smaller than the remainder of the chicken breast, also making them more expensive than the rest of the chicken breast.” The chicken tenders at Popeyes, the plaintiff argues, are instead made from the remainder of the chicken breast.

The plaintiff asserts that Popeyes’ competitors are accurate in their food names, such as “the world-famous fast food chicken restaurant chain, Kentucky Fried Chicken,” which “offers chicken ‘tenders’ that are actually made from chicken tenderloins.” For alleged violations of New York’s consumer-protection statute, the plaintiff seeks class certification, restitution, damages and attorney’s fees.