Healthy Menu Class Claims Filed in Texas Voluntarily Dismissed with Prejudice

The named plaintiff who brought a putative class action for false advertising of healthy menu items against a company that operates chain restaurants across the United States has reportedly agreed to dismiss with prejudice the claims she filed in a federal court in Texas. Paskett v. Brinker Int’l Inc., No. 08-942 (N.D. Tex., dismissed April 20, 2009). The plaintiff alleged that the healthy menu items at Chili’s Grill & Bar, Romano’s Macaroni Grill and On the Border Mexican Grill & Cantina restaurants actually contained higher levels of fat, calories and total carbohydrates than listed on the menus.

The named plaintiff has filed similar claims in California against Applebee’s parent company, alleging that she dined at these restaurants because they offered a Weight Watchers menu, which was also purportedly advertised and marketed inaccurately. See LexisNexis® Mealey’s™ Litigation Report, Food Liability, May 2009.