A lawsuit was filed against Arby’s after customers accused the fast food chain of shrinking its portion sizes while keeping prices the same.
Melissa Nelson from Queens, New York, filed a lawsuit against Arby’s claiming the company “deceptively continues to sell its fries and beverages in smaller sizes which are now substantially smaller than the old sizes,” according to the lawsuit obtained by the New York Post.
The lawsuit claimed that the real issue arises when Arby’s makes those changes without notifying customers, who would still be expecting to get the same product for the price they are used to paying.
“The increase in prices may never be noticed by Arby’s purchasers, who may be left only with a strange feeling, short of satiety…” the lawsuit said, according to the New York Post.
Nelson’s lawyers claimed that when Arby’s phased out its kid’s size for fries and drinks, it actually just changed that size to the small size, the small size to the medium size, and the medium size to the large size. The lawyers said these changes were made without any indication to the customer and without any change in price.
The New York Post said it did its own research by purchasing a small, medium, and large order of fries from a local Arby’s and found that “all three sizes had nearly the same amount of fries inside.”
The lawsuit follows the 2024 congressional passing of the Shrinkflation Prevention Act, which established “shrinkflation as an unfair or deceptive act or practice.”
Nelson and her lawyers said they are attempting to get justice for customers who were deceived by Arby’s business practices.
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