Court rejects Arby’s motion to dismiss false advertising lawsuit over allegedly overstated menu items

A federal court has denied Arby’s motion to dismiss a class action lawsuit that accuses the fast-food chain of misleading customers about the amount and quality of meat in its sandwiches. The case, originally filed in September 2023 in the United States District Court for the Southern District of New York, alleges that Arby’s Restaurant Group Inc. engaged in deceptive marketing practices that misrepresent its menu items.

Arby's was sued for false advertising because its ads:

-Made it appear that the sandwiches had "at least 100% more meat" than they really do, and

-Made the meat look like rare roast beef when it is actually "fully cooked."

This week, Arby's lost its motion to dismiss the case.… pic.twitter.com/q149SVuRBz

— Rob Freund (@RobertFreundLaw) October 3, 2025

Joseph Alongis leads the lawsuit, which argues that Arby's advertising shows exaggerated images of its sandwiches. These exaggerations relate to both the amount and visual appearance. The complaint states that promotional materials in restaurants, on the company's website, and on third-party delivery apps display sandwiches with much more meat than customers get.

The person suing says Arby's ads show sandwiches with "at least 100% more meat" than what you get. The legal action claims these pictures are made on purpose to make people think they're buying a bigger, fancier sandwich. It also says Arby's gets this look by putting meat at the front of the sandwich for photos or using tricks to make the product look better.

The lawsuit also claims that Arby’s misled people about the quality of its meat. Ads often show roast beef looking rare or pink, but the sandwiches served in stores are brown and cooked. The plaintiff argues that this creates confusion about how fresh or prepared the food is.

Court allows Arby’s false advertising case to proceed

Arby’s tried to shut down the case by filing a motion saying its ads are just "non-actionable puffery." The company stated that exaggerated marketing like this is normal in the food business and isn’t meant to be taken seriously. The court disagreed, saying customers could see these ads as actual claims of fact rather than opinions.

After the judge rejected the motion to dismiss, the case will advance. The plaintiff is asking for two main outcomes: money for customers who claim they paid too much because of exaggerated menu items and a court order telling Arby’s to stop misleading advertisements or to change its marketing.

Right now, there is no settlement or final ruling in the case. The lawsuit will decide if Arby’s violated consumer protection rules and if it will need to adjust its advertising. By allowing the case to continue, the court has taken an important step in looking into advertising practices in the fast-food world.