“Organic Restaurant” Only Uses Some Organic Ingredients, Plaintiff Alleges

A consumer has filed a putative class action alleging that Bareburger Group misrepresents its restaurants as selling only organic food despite using some non-organic ingredients in its products. Rosenberg v. Bareburger Grp., No. 19-1634 (E.D.N.Y., filed March 22, 2019). The plaintiff and Bareburger were the subjects of a New York Times article in August 2018 that explored the use of the term “organic” in restaurant advertising.

The complaint asserts that Bareburger features the term “organic” throughout its signage, menu descriptions and marketing but does not ensure that the products are fully organic. “Defendant’s executives confirmed that approximately 75 to 80 percent of the burgers were organic, not 100 percent, contrary to the labels,” the plaintiff alleges, citing the New York Times article. “Defendant’s ‘Organic’ restaurants have countless non-organic ingredients including lamb and bison and mayonnaise and tomatoes—crucial condiments when it comes to dressing up a purportedly organic burger.” For allegations of negligent misrepresentation, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.