A New York man, unhappy with the amount of filling he received in his Mexican Pizza, sued a restaurant for false advertising.
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Frank Siragusa claims the Mexican Pizza he bought last September had approximately half the beef and bean filling shown in adverts. Had he known this, the plaintiff “would not have paid the $5.49 price,” according to the class-action lawsuit filed in the Eastern District of New York Monday.
Frank Siragusa is seeking upwards of $5 million from the chain for “unfair and deceptive trade practices.”
The Mexican pizza offers seasoned beef and refried beans between two pizza shells with sauce, cheese and tomatoes on top, with add-ons including guacamole and chicken.
Siragusa filed the suit on behalf of himself and other customers who were left similarly disappointed with items, including the restaurant’s popular Crunchwraps.
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The court filing juxtaposes photos of food taken from the chain’s website with photos of the “actual” item that customers say they received.
The restaurant’s images show brightly coloured meat, cheese and salad oozing out of tightly packed tacos. The customers’ photos show duller food looking rather sad and limp.
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The lawsuit claims the adverts are “unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being promised.”
“It’s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially,” it adds.
The suit includes links to media articles making similar claims about the restaurant’s portions.
In one, published on the US edition of The Sun last September, a journalist wrote that the Mexican Pizza “wasn’t as beefy as the commercial pictures made it look.”
A spokesperson for the eatery did not immediately respond to request for comment from AFP.
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