Can I sue a fast food restaurant if they don't accurately describe what is in their food?

Question

Recently I went to a large fast food center in a rest area on a highway. I ordered "Baked Beans" (and there was no other description to this side order). Me and my wife started eating it and then we realized there was bacon, which we do not eat because of religious beliefs. I asked the Manager if it says anywhere that there is bacon in it. She brought out a list of ingredients from inside her office which showed bacon on a list of ingredients but no where else (on the shelf, display or Menu) does it say so. My question is, is there any way I can sue this establishment as they made me and my wife eat something that is against our religious beliefs? Secondly, if they do not change the description then this thing will continue for everybody else who doesn't eat bacon due to religious beliefs or because they have allergies.

Melvin Franke · Answer

You can sue, but you will likely not receive compensation for damages.

James Osak · Answer

YES you can sue. But it'll cost you thousands of dollars "up front" to pursue your "religious cause." Is it worth that much to you? And what EXACTLY are your DAMAGES? You'll have to PROVE to a judge or jury your "mental/emotional distress" and how it affected your lives. Not easy. Good luck.

Stephen Lombardi · Answer

You can sue anybody for anything, but can you win is really what  you want to know. And my answer is no. You have a responsibility to know your   own religious beliefs and to ask the right questions and if there is a   possibility the food contains something you don't want to eat then don't eat   there.    Let's look at what you said: My question is, is there any way I can sue  this establishment as  they made me and my wife eat something that is against  our  religious beliefs?    No one "made" you eat anything. You ate it on your own volition. The people   in the restaurant didn't tie you down to the chair and force feed you and  your  wife. You sat the plate down in front of you seat, picked up the fork  and after  looking at the food lifted a fork full into your own mouths. How  is that the  restaurant's fault? Sorry, but you would lose this case.

George Gingo · Answer

Hah!  Excellent question and observation.  Yes, you can sue.  You may or may not win, though.  Bacon is a relatively common component to beans.  The jury may think you should have asked before eating.

David Hibbert · Answer

Wars have allegedly been started over such conduct. So , yes, it might be in the nature of a class action for all similarly situated consumers. Check with an attorney in your state about handling a "class action" against the fast food company.

John Brennan · Answer

You would have, in my estimation, a weak case due to minimal damages.  I would bring up the issue to the management of the establishment who, I would think would want to take action so this will not occur again.   You might win you case but spend much, much more than your recovery, probably the cost of the "beans", on attorney fees.

Gregory Crain · Answer

Yes, you have the right to sue them.

Gary Platt · Answer

Unfortunately, unless you asked them BEFORE you ordered and paid  for the  beans and were lied to about the fact that bacon was in it, you cannot  sue  them.

Robert Lucky · Answer

In order to sue an establishment for such a situation, you have to prove the value of the harm that resulted because of its actions. You may sue and may be entitled to some damages; however, typically the value placed on such damages is very low. It is likely not worth your troubles to file a lawsuit, etc. However, please contact another attorney and speak directly with him/her about the situation to see if there might be a more valuable cause of action than what I see. This is not a case that I would take or advise someone to pursue. So sorry this happened to you. Best of luck.

Michael Yeksavich · Answer

What are your damages?  Without damages there is nothing to recover.  This type  of thing often happens.  The last I read about involved pizza toppings.  I  suggest you complain directly to the company.

Michael Heilmann · Answer

This is a consumer protection act case. I wish you luck, You may bring this in small claims court.

David Stoddard · Answer

I do not think that there is any  duty for restaurants  to list all ingredients on menus or signs.  I do not believe you would have a viable suit.  The only suggestion that I could offer for individuals with special dietary requirements due to allergies or beliefs is to ask if the food item contains the offensive ingredient (such as pork).

Dennis P. Mikko · Answer

You may have a claim but the question is what is the measure of damages.  Without significant damages, the costs of such a suit would be prohibitive for most people.

Houston D. Smith III · Answer

There's a saying: "Anyone can sue anyone for anything."  So, yes you can sue the restaurant for not posting a full list of ingredients.  Would your suit be thrown out?  Perhaps - you suffered no physical injury from ingesting the likely very small amount of bacon, and without a physical injury, you will have difficulty proving damages.  I must note that the restaurant did not "make you" eat the food as you suggest; rather, you voluntarily ordered and ate the baked beans and did not inquire what ingredients were used.  Rather than filing a lawsuit, consider writing a letter to the owner of the restaurant outlining your concerns and suggest that the restaurant make available a list of ingredients for any patrons who wish to consult the ingredient list before ordering.

Douglas Rothschild · Answer

You can sue, sure. Will you win, no.

Jeffrey Lapin · Answer

While restaurants should identify the ingredients, especially as it relates to allergens, I do not believe there are required to, at least under Nebraska law. However, there may be a requirement that if they are directly asked they would have to identify at least those items contained within their food especially as it would relate to anything that a person could be allergic to, such as milk, peanuts or gluten. There may also be a duty, if asked, if a particular ingredient, such as bacon, is in the food. In short, the restaurant does not have to list what is contained within their food but would have to, if asked, answer truthfully at least about certain types of ingredients.  

There may be federal laws, rules or regulations, which I cannot comment upon as I am unaware of all of them, regarding identifying the contents of food. While I believe there may be some requirements for listing items that contains common allergens I do not know if there are any laws, rules or regulations with regard to listing the contents for religious reasons.  An argument a restaurant could make against any claim would be that you could have asked whether the baked beans contained anything that would violate your religious belief, such as bacon. The argument would be that you have the duty to ask rather than they have a duty to display the information.  You may want to contact the Food and Drug Administration or other federal agencies that regulate restaurants and determine if you do have a claim under federal law.

Mindy Bish · Answer

My opinion is no, you cannot.

Andrew Velonis · Answer

You would have to show that you were injured in some way.

Bruce Arthur Plesser · Answer

I think it's a waste of time.

Ronald A. Steinberg · Answer

I guess that you might be able to sue.  The problem here is that you would have a lot of difficulty establishing "damages."  Your damages would amount to "hurt feelings," and others may not be as sensitive to that as you are.  It would have been a better case if you had specifically inquired about bacon or pork products when you ordered the food, but since you did not, the case is what it is.  Did you get ill?  Did you vomit?  Did you have any physical manifestations of damage from eating the food?  Did you go to your religious leader and discuss it?  There are a lot of questions that need answering.

Bernard Huff · Answer

You should consult with an attorney who specifically handled restaurants and  other food facilities for specific legal advice and direction. If your wife and  you do have standing and sufficient facts to?litigate, liability and damages  have to be proved.

Stuart Nachbar · Answer

While technically you could sue for truth in advertising, your damages are   questionable.  I understand such things as kashrut, but your better bet is to  send a certified letter to the company.

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Can I sue a fast food restaurant if they don't accurately describe what is in their food?

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