Filed in New York, the proposed federal class action claims that customers allegedly pay more for the Angus steak and egg sandwich and the Angus steak and egg Snack N’ Go wrap products compared with similar menu items because customers believe the items contain steak.
“A reasonable customer understands defendant’s ‘steak’ claims to mean that the products feature Angus ‘steak,’ and not burgers or patties,” the complaint states. The plaintiffs cite Dunkin’ donuts advertising that features steak-loving customers. Specifically, one of the advertisements cited as being misleading in the lawsuit involves two people who meet on a bench and bond over their shared love of steak, quoting “as the narrator speaks: ‘It’s a big day for steak fans, Duncan’s Angus steak and eggs breakfast sandwich is back!’ a fork places the ‘steak’ onto the egg.”
The class action alleges that Dunkin’ Donuts profits from the alleged misrepresentation as it charges between 50 to 60 cents more for the products that are advertised as having steak, than the non-steak containing equivalent.
The proposed nationwide class seeks to represent all Dunkin’ Donut customers who purchased the Angus steak and egg sandwich or the Angus steak and egg Snack N’ Go wrap and “were charged a premium for their purchase of ‘steak’ sandwiches and wraps.” A subclass for New York consumers is also proposed.
Named plaintiff Chufen Chen is represented by John Troy of Troy & Associates PLLC.
The case is Chen v. Dunkin' Brands, Inc, case number 1:17-cv-03808, in the U.S. District Court for the Eastern District of New York.