Taco Bell Customer Questions the Beef Content of Tacos, Burritos
A California resident has filed a putative class action against Taco Bell Corp., alleging that the company violates consumer protection laws by mislabeling some of its beef products as containing seasoned beef “when in fact a substantial amount of the filling contains substances other than beef.” Obney v. Taco Bell Corp., No. 11-00101 (C.D. Cal., filed January 19, 2011). Seeking to certify a nationwide class of consumers and claiming that damages exceed $5 million, the plaintiff alleges violations of California’s Consumer Legal Remedies Act and unlawful business acts and practices, including misbranded food in violation of federal law. She also asks for declaratory and injunctive relief, a corrective advertising campaign, attorney’s fees, and costs.
According to plaintiff’s counsel, testing has shown that “the taco meat filling
is about 35 percent meat.” The complaint asserts that the company’s use of
the term “seasoned beef” in the labeling and advertising of its beef tacos and
burritos is inconsistent with the U.S. Department of Agriculture’s (USDA’s)
definition of ground beef. USDA apparently defines ground beef as consisting
of “chopped fresh and/or frozen beef” and not containing “added water,
phosphates, binders, or extenders.” The complaint also asserts that USDA’s
industry guidance “requires food labeled as ‘Taco filling’ to contain ‘at least 40
percent fresh meat.’”
Taco Bell President Greg Creed has reportedly indicated that the company
intends to take legal action against those who filed the lawsuit and says that
their allegations are “false claims.” The fast-food chain apparently issued a
statement saying that the company “is proud of the quality of our beef and
identif[ies] all the seasoning and spice ingredients on our website.” Creed also
reportedly said, “At Taco Bell, we buy our beef from the same trusted brands
you find in the supermarket. We start with 100 percent USDA-inspected beef.
Then we simmer it in our proprietary blend of seasonings and spices to give
our seasoned beef its signature Taco Bell taste and texture.” See Associated
Press and CBS, January 26, 2011.
