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The Street
Fernanda Tronco

Arby's sued twice over growing problem in alarming fast food trend

Fast food could be claimed as one of the most addicting cuisines because no matter how unhealthy, calorically dense, salty, or greasy it may be, everyone is guilty of craving it occasionally.

Some of us may remember the good old days when fast food chains offered super-sized meals for only a few more cents, providing true value and giving consumers more for their money.


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For years, the U.S. has been known for having the largest portion sizes in the world, with documentaries like "Super Size Me" going viral for exposing the consequences this unhealthy cultural norm has had on the American population.

Related: You may pay more at restaurants after surprising 'junk fees' ban decision

However, in recent years, customers have begun noticing an alarming trend at their beloved American fast food chains, which is a complete reversal from the criticisms the U.S. consumer industry has faced previously.

Morgan Spurlock during The 10th Annual U.S. Comedy Arts Festival - "Super Size Me" Star Morgan Spurlock at McDonalds at McDonalds.

Jeff Kravitz/Getty Images

Shrinkflation has become a common tactic, American consumers are retaliating

Shrinkflation is a sneaky tactic used by companies to increase profits by reducing the size of their products and selling less content to customers for the same or a higher price than before.

Related: Shrinkflation explained: Definition, examples & impact on headline inflation

This tactic is a form of inflation offset by rising costs, allowing manufacturers and retailers to maintain their sales volume and consistent operating margin while increasing profitability. 

Civilians and politicians alike are becoming increasingly frustrated with this cost-cutting tactic, which provides little to no consumer benefit.

This past October, Democratic Sen. Elizabeth Warren of Massachusetts and Rep. Madeleine Dean of Pennsylvania expressed their frustrations with the ongoing shrinkflation by sending a letter to some of the most prominent food and beverage giants in the U.S., including Coca-Cola (KO), PepsiCo (PEP), and General Mills (GIS), asking them to stop partaking in this tactic since it's detrimental to consumers. 

Related: US senator targets shrinkflation in letter to Pepsi, Coke, and General Mills

This time, Arby's, an American fast food chain known for its fully meat-stacked sandwiches, and the slogan "We have the meats!" became the target of people's rage since consumers claim it has been doing the opposite of what it advertises. 

In response to Arby's "deceptive" actions, the fast food chain was hit with two class action lawsuits by its once loyal customers over a trend that is now becoming too familiar in the fast food industry

Arby's gets sued for downsizing its French fries and beverages 

In late December, a class action lawsuit was filed in Queens County Supreme Court by a New York woman claiming that Arby's deliberately reduced the size of its French fries and beverages without lowering the price.

Related: Formerly bankrupt restaurant chain reopens locations; Texas fans are happy

According to the filing, the accuser discovered that the fast food chain swapped its former small-size fries for its kids' size fries, subsequently replacing the previous medium-size fries with the small size, and so on. She made this finding after analyzing the nutritional data for the current sizes and comparing them to the previous ones. 

In the lawsuit, she aims to represent customers in the state of New York who have also been affected by Arby's downsizing and seeks unspecified damages.

However, this isn't the first time Arby's has been called out for reducing the portions of its menu items without making any price modifications.


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In September 2023, a New York man filed a lawsuit against Arby's for false advertising. He claimed that the fast food chain misrepresents and overstates the portion sizes of its food, providing customers with lower-value products than what they paid for.  

The proposed class action lawsuit exceeds $5 million in value and can include over 100 plaintiffs, so it will remain in the Eastern District of New York. As of this past November, Arby’s filed a motion to dismiss the lawsuit, but the court has yet to decide.

Related: The 10 best investing books (according to stock market pros)

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