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Chick-News.com Poultry Industry News, Comments and more by Simon M. Shane

Popeye’s Faced With Lawsuit Over Tenderloin Claim

08/13/2022

An example of a contrived “shakedown” lawsuit was filed in a Federal New York Court on July 29th, alleging that a chicken tender sandwich offered by Popeye’s Louisiana Kitchen contained less-desirable breast meat.  The complaint alleges that the plaintiff expected chicken tenderloins as the only meat component of the sandwich, as advertised, based on superior organoleptic properties. 

 

The lawsuit claims, “The perception that the product’s actual chicken was made from chicken tenderloins is material to consumers.”  The suit argued that customers of Popeye’s Louisiana Chicken paid a premium price for chicken tenders and that they would have paid significantly less if they had been aware that breast meat was included in the filling.  The complaint continued, “By the use of misleading representations, Popeye’s created increased market demand for the product and increased its market share relative to what its demand and share would have been had it marketed the product truthfully.”  The attorneys representing the plaintiff based in Los Angeles, CA. requested a jury trial with statutory and punitive damages.


 
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