What Do You Call Your Chicken?


By: Jason C. Dineros
McDonald’s, the world’s second largest fast food chain (behind Subway, for those wondering), is facing a potential class action for advertising its food items containing chicken breast as being comprised of “100%” breast meat. Primarily targeting the Golden Arches’ advertising of its premium-priced, no-longer-a-cheap-date artisan chicken sandwiches, the proposed New York class action alleges these items also contain rib meat.
With the Food and Drug Administration’s implementation of mandatory food nutrition disclosures for all restaurants with at least 20 locations, and the paleo diet attracting nearly as many bandwagoners as the Los Angeles Dodgers, the trend of fast food dining for the last several years has been healthy and nutritious. Naturally—no pun intended—sourcing organic, farm-to-table, less-processed foods comes with it higher food costs.  But surprisingly, diners have been willing to fork over the premium.
While salads remain “puzzles” in fast food menu classifications (since at the end of the day, everyone has been guilty of intending to order “healthy”—only to somehow word-vomit, “I’ll get a #1 with a Coke,” like the first time they told their childhood crush they liked them), there has been a steady increase in premium-ingredient sandwiches, and with it, the increased challenge of controlling food costs. But the even greater challenge then comes of not only controlling the bottom line, but also maintaining brand integrity and avoiding false advertising lawsuits.
For further information or for further inquiries involving hospitality law, you may contact Jason C. Dineros, the Chair of the Hospitality Law Practice Team of Freeman Mathis & Gary, LLP, at [email protected].