Quick Summary
A class action lawsuit has been filed in California against Taco Bell alleging that it's products do not contain enough beef to be called 'beef', but instead are required to be advertised as 'taco meat filling.'
The complaint can be downloaded and read here.
Taco Bell filed a motion to dismiss. The motion can be read here. The motion alleges the complaint does not allege facts to justify a lawsuit and that Taco Bell as a restaurant is exempt from the laws claimed to have been violated.
After Taco Bell filed its motion to dismiss, but before a court could rule on it, the plaintiffs voluntarily dismissed their lawsuit.
Victory for Taco Bell. The only question remaining is whether Taco Bell will sue the attorneys as the company said it would.
Law Review
What is considered 'beef'?
According to 7 CFR Section 1260.119 of the US federal regulations:
"Beef means the flesh of cattle."
According to 9 CFR Section 319.15 of the US federal regulations:
"'Chopped Beef' or 'Ground Beef' shall consist of chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, shall not contain more than 30 percent fat, and shall not contain added water, phosphates, binders, or extenders."
According to the USDA Food Standards and Labeling Policy Book:
Taco Filling is properly labeled as: "Product must contain at least 40 percent fresh meat. The label must show true product name, e.g., 'Taco Filling with Meat,' 'Beef Taco Filling,' or 'Taco Meat Filling.'"
Legal Claims
The Taco Bell class action lawsuit alleges that what Taco Bell advertises as beef is not really 'beef' but is instead 'taco meat filling.'
There is insufficient information to evaluate the claim. The USDA Policy Book says Taco Filling must have a certain percentage of fresh meat. It does not appear to say what amount of beef must be in beef, although presumably that is about 100 percent.
It is not clear that USDA regulations apply to restaurants. Although if the amount of 'beef' in a 'beef' product is less than 40 percent that issue may be moot.
Plaintiff claims this picture from a Taco Bell product box proves that internally the company calls this Taco Meat Filling, but then to the public calls it Beef:
According to the attorneys testing showed there was only about 36 percent beef in the product. That is even below the USDA standard for taco meat filling which requires 40 percent.
Other
Taco Bell issued a statement saying they would countersue. Can they do that?
No. Taco Bell can win the case showing there is no merit to the claims. Then it could look at a malicious prosecution lawsuit.
Taco Bell could also make a complaint with the State Bar, but the Bar will not do anything until the claims in the lawsuit are proven to be true or false.
Presumably, though, Taco Bell's first step would be to test its meat with a reputable lab and publicly report it's findings.
According to Taco Bell's website the beef is never frozen and it simply has seasonings and spices added to it to give it the 'Taco Bell' taste.
The website has to dispel a rumor that there is and in the beef. Looks like they may have to update the rumor section if they prevail.
Friday, January 27, 2011: Taco Bell has now responded with this national ad in prominent newspapers stating it's 'Beef' is 88 percent Beef with 12 percent added for moisture and flavor:
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