Sad day for @BigEisy
Rob Freund@RobertFreundLaw
Arby's was sued for false advertising because its ads: -Made it appear that the sandwiches had "at least 100% more meat" than they really do, and -Made the meat look like rare roast beef when it is actually "fully cooked." This week, Arby's lost its motion to dismiss the case. Consumers allege they would not have purchased the sandwiches, or would have paid less for them, if they knew the truth. Arby's argued that the photos amounted to non-actionable puffery. The court rejected that argument at this stage, because they photos do not consist of "subjective statements of opinion."
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