BROOKLYN, N.Y. (Legal Newsline) - Eaters at Popeye's who order chicken tenders are expecting meat from the tenderloin but not getting it, a class action lawsuit alleges.
Plaintiff Natasha Sanders sued Popeye's July 29 in New York federal court, alleging false and deceptive advertising. The suit says reasonable consumers think they are getting tenderloin meat because the products are called "tenders."
But the meat in them is from parts of the chicken breast other than the tenderloin, the suit says.
"(C)hicken tenderloins are... juicier, making them more desirable for consumption," the suit says. "They are significantly smaller than the remainder of the chicken breast, also making them more expensive than the rest of the chicken breast.
"For these reasons, the perception that the products are actual chicken tenders made from chicken tenderloins is material to consumers."
Sanders says if she had known she was getting breast meat not from the tenderloin, she would not have purchased the tenders or not have paid as much as she did.
Robert Abiri of Custodio & Dubey in Los Angeles filed the case.