New Jersey Governor Jon Corzine (D) has reportedly signed a bill (S. 2905/A. 4236) that requires major restaurant chains doing business in the state to fully disclose calorie information on menu items. Franchises with more than 20 locations nationally must post calorie counts next to each item on the menu, as well as on drive-through and indoor menu boards. “One of the best ways to improve our health and well being is to deal directly with obesity and proper eating,” Corzine said. “This legislation is a clear step in that direction, as it will allow New Jerseyans to know the calorie content of the food they are eating at these establishments.” See NewJerseyNewsroom.com, January 18, 2010.
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According to a news source, a New Jersey court has dismissed fraud-related claims filed against Denny’s Corp. alleging that the company failed to disclose the amount of sodium in its menu items. DeBenedetto v. Denny’s Corp., No. __ (N.J. Super. Ct., dismissed November 10, 2009). Additional details about the litigation appear in issue 312 of this Update. The company reportedly indicated in a statement that the suit was dismissed because the plaintiff failed to and could not establish a physical injury under state product liability law. The named plaintiff in this putative class action reportedly alleged that he had consumed Denny’s foods for more than 20 years and was shocked when he learned how much sodium was in his favorite menu items. While he did not allege any link between the company’s foods and his alleged high blood pressure, the plaintiff claimed that he would not have selected the high-sodium…
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…
Putative class claims have been filed in federal court in Illinois against Denny’s Corp., alleging that the company defrauded consumers by misrepresenting or omitting information about the “excessive amount of sodium—the deadliest ingredient in the food supply—present in its meals.” Ciszewski v. Denny’s Corp., No. 09-5355 (N.D. Ill, filed August 29, 2009). Information about similar litigation filed against the company in a New Jersey state court appears in issue 312 of this Update. The named plaintiff alleges that he has high blood pressure and takes medication for the condition. While he has apparently been advised to limit his salt consumption, he purportedly eats at Denny’s “from time to time and with frequency,” and eats the company’s “Moons Over My Hammy,” “SuperBird Sandwich,” and “Meat Lover’s Scramble,” which allegedly contain more than 3,200 mg, 2,600 mg and 5,600 mg of sodium, respectively. The plaintiff seeks to certify a nationwide class of…
A consumer supported by the Center for Science in the Public Interest (CSPI) has reportedly filed a putative class action in New Jersey Superior Court, alleging that meals he purchased at Denny’s® restaurants contained “alarmingly large and undisclosed amounts of sodium.” DeBenedetto v. Denny’s Corp., No. ___ (N.J. Super. Ct., filed July 23, 2009). At issue are menu items such as Moons Over My Hammy, Spicy Buffalo Chicken Melt and Meat Lover’s Scramble, which purportedly contain sodium levels that exceed the daily recommended limit of 1,500 mg. According to the complaint, “Denny’s menu deceptively presents various items as single meals to be consumed by one individual without disclosing that they contain substantially more sodium (in some case two or three times more) than the maximum recommended amount for all meals consumed by an individual during the day.” The class action “seeks to compel Denny’s restaurants to disclose on menus the…
A New Jersey Superior Court judge has denied insurers’ request for summary judgment in a case brought by Taco Bell Restaurant franchisees seeking “protection from the consequences of publicity about contaminated food served at restaurants.” In re: Quick Service Mgmt., Inc. v. Underwriters of Lloyds, No. 4861-07 (N.J. Super. Ct., decided June 12, 2009). The court also granted plaintiffs’ motion for partial summary judgment as to coverage. According to the court, the franchisees specifically sought insurance in 1999 to protect against revenue losses from food contamination outbreaks. They purchased “Food Borne Illness” and “Trade Name Restoration, Loss of Business Income and Incident Response Insurance for Food Borne Illness” policies from defendants. The latter policy, which was in force in 2006-2007, apparently contained an “Aggregate Supplier Incident Sublimit” of $0, and plaintiffs claimed that no one explained that the sublimit would exclude coverage previously provided under the former policy, which had been…
The Center for Science in the Public Interest (CSPI) has targeted a number of restaurants in its Xtreme Eating 2009 report, which also singles out four plates as particularly high in calories, fat and sodium. The public watchdog has lambasted chain establishments for making “already bad foods even worse,” claiming that some appetizers rival entrée-sized portions in terms of daily dietary intake. The report names Applebee’s Quesadilla Burger, Chili’s Big Mouth Bites, Cheesecake Factory’s Chicken and Biscuits, and Red Lobster’s Ultimate Fondue among the dishes that purportedly contribute to “America’s epidemic of obesity and diet-related disease.” Pledging to make its “Xtreme Eating Awards” an annual affair, CSPI has backed legislation pending before the U.S. Congress that would introduce menu labeling laws similar to ones enacted in Nashville, New York City, Philadelphia, Portland, California, and Massachusetts. “Ultimately, Americans bear personal responsibility for their dining choices,” stated CSPI director Margo Wootan in…
The Center for Science in the Public Interest (CSPI) has launched a campaign to halve the amount of sodium in prepackaged foods and restaurant meals within 10 years. CSPI Executive Director Michael Jacobson this week presented the group’s case to the U.S. Senate Finance Committee, claiming that “Because it raises blood pressure and increases the risk of hypertension, heart attacks and kidney disease, salt is arguably the most harmful ingredient in our food supply.” According to Jacobson, “Gradually reducing sodium levels in packaged and restaurant foods by half would ultimately save an estimated 150,000 lives and billions of dollars annually.” Jacobson’s testimony underscored a concurrent CSPI exposé on restaurant meals that contain more than 4,000 mg of sodium per plate. The consumer advocacy group apparently examined meals at 17 restaurant chains, finding that “85 out of 102 meals had more than a day’s worth of sodium, and some had more…
Massachusetts has adopted tough rules requiring chain restaurants with at least 20 outlets in the state to prominently display calorie information on big boards dangling from ceilings, on printed menus and at drive-through windows. The rule, unanimously adopted by the Massachusetts Public Health Council, will take effect November 1, 2010, and reportedly affects about 50 chain restaurants with nearly 5,300 locations in the state. “This is a major step in the right direction in fighting the obesity epidemic in our state,” Massachusetts Department of Public Health Commissioner John Auerbach was quoted as saying. “We know that providing this information will help our residents make more informed choices.” More than a dozen states are apparently considering similar rules. California passed a similar law in fall 2008, but its regulations do not extend to drive-through restaurants. New York City began enforcing a calorie-posting rule in July 2008 for restaurants with more than…
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.
