Menu labeling class actions
Our attorneys represented Applebee's International and its parent company, DineEquity, in six consumer class actions filed around the country challenging the accuracy of the nutritional information (such as calories and fat) on part of the menu of the nation's largest casual dining restaurant. The Alameda County (California) Superior Court, the District of Kansas, and the Clermont County (Ohio) Court of Common Pleas granted our motions and held that the federal Nutrition Labeling and Education Act (NLEA) only requires restaurants to have a "reasonable basis" for the fat and calorie information on the menu, rather than meeting precise requirements based on analytical testing. This federal standard allows for the inherent variability in restaurant-prepared food and is critical to all restaurant companies. The California court entered summary judgment for our client and the Kansas federal court dismissed the two nationwide class actions pending there.