Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 1 of 18 Page ID #:6

\..ED sOUTHERiII DIVlfiI9~

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BLOOD HURST &: O'REARDON IJ..P
TlM01HY G. BLOOD (149343) ,
LBSLlE E. HURST C178432l .
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carfRAL. DlSTRIaf OF CAU~g ~1
mOMAS 1. O'REARDON n (247952) trf .• _. f--' .
3 600 B Street. Suite lSSO ~ ... '''. ", ~ ;'. 0" _ ...

San Diego. CA 92)01

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Pacsilllilo: (619) 338-1101
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9 qwrRAL DISTRICT OF CALIFORNIA
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 2 of 18 Page ID #:7

1 Plaintiff Amanda Obney, by and through her attorneys, brings this action
2 on behalf of herself, all others similarly situated and the general public against
3 defendant Taco Bell Corporation ("Taco Bell" or "Defendant"). The Court has
4 jurisdiction over this action pursuant to 28 U .S.C. § l332(d)(2). Plaintiff alleges,
5 on information and belief, except for the information based on personal
6 knowledge, as follows:
7 NATURE OF THE ACTION
8 1. This is a consumer rights class action challenging Taco Bell's
9 practice of representing to consumers that the filling in many of its "beef' food
10 items is "seasoned ground beef' or "seasoned beef," when in fact a substantial
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19 Products (defined below).
20 2. Plaintiff brings this action pursuant to Federal Rules of Civil
21 Procedure 23(a) and (b)(2) on behalf of herself, all similarly situated consumers
22 of the menu items advertised and labeled by defendant as containing "seasoned
23 ground beef' or "seasoned beef' and the general public. Plaintiff seeks to halt
24 the dissemination of Taco Bell's false and misleading advertising message, and
25 correct the false and misleading perception it has created in the minds of
26 consumers.
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 3 of 18 Page ID #:8

JURISDICTION AND VENUE

2 3. This Court has original jurisdiction pursuant to 28 U.S.C.
3 § 1332(d)(2). The matter in controversy, exclusive of interest and costs, exceeds
4 the sum or value of $5,000,000 and is a class action in which members of the
5 Class of plaintiffs are citizens of states different from Taco Bell. Further, greater
6 than two-thirds of the Class members reside in states other than the state in
7 which Taco Bell is a citizen.
8 4. Venue is proper in this Court pursuant to 28 U.S.C. §1391 in that
9 many of the acts and transactions giving rise to this action occurred in this
10 district and because Taco Bell:
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18 5. Plaintiff is a resident of California. During the relevant time period
19 plaintiffwas exposed in California to defendant's advertising and labeling claims
20 that the subject "beef' food items were filled with "seasoned ground beef' or
21 "seasoned beef." Based on these representations, as well as the reasonable belief
22 that defendant would accurately and honestly describe its products, plaintiff
23 believed the taco meat filling was seasoned beef and, in reliance thereon,
24 purchased the food items, thereby suffering injury in fact and losing money as a
25 result of the alleged conduct. Plaintiff wanted to purchase beef-filled food items
26 from Taco Bell, but did not receive what she believed she was purchasing.
27 6. Defendant Taco Bell Corporation is a California company with its
28 principal place of business in Irvine, CalifOlnia. Taco Bell Corporation, a wholly
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 4 of 18 Page ID #:9

1 owned subsidiary ofYum! Brands, Inc., is the largest Mexican fast-food chain in
2 the United States. It operates, manages or franchises more than 5,600 locations
3 in the United States and had sales in 2009 in excess of $1.9 billion. More than
4 35 million consumers visit a Taco Bell restaurant each week and more than two
5 billion consumers are served annually. From its headquarters and Restaurant
6 Support Center in California, Taco Bell determines the content of its advertising
7 and labeling, including its menus.
8 DEFENDANT'S CONDUCT
9 7. Taco Bell operates, manages, markets, and franchises fast-food
10 restaurants in California and throughout the United States.
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19 substances other than beef, and is required to be labeled and advertised as "taco
20 meat filling."
21 1O. Taco Bell also misrepresents certain of the Products' ingredients as
22 "seasonings." However, these ingredients are not added for flavor, but rather to
23 increase the volume of the product. These ingredients are binders and extenders
24 such as "isolated oat product."
25 11. Taco Bell uniformly misrepresents on its package labels, brochures,
26 website, menus, and in its television commercials that the "beef' Products
27 contain "seasoned ground beef," rather than "taco meat filling."
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 5 of 18 Page ID #:10

1 12. For example, Taco Bell describes its diet product, "Fresco Soft
2 Taco," as "a warm, soft flour tortilla filled with seasoned ground beef, crisp
3 shredded lettuce, and fiesta salsa." It describes its Crunchy Taco as "a crunchy,
4 com taco shell filled with seasoned ground beef, crisp shredded lettuce, and real
5 cheddar cheese." It describes its spicy beef "Vo1cano® Burrito as "a warm, soft
6 flour tortilla that's packed with a double portion* of seasoned ground beef,
7 seasoned rice, crunchy red tortilla strips, real cheddar cheese, cool reduced fat
8 sour cream and cheesy molten hot lava sauce." In fact, for each of these food
9 items and its other Products, the "seasoned ground beef' is not ground beef with
10 seasoning but "taco meat filling."
a.. 11 13. On its website, www.tacobell.com. Taco Bell repeats these
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 6 of 18 Page ID #:11

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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 7 of 18 Page ID #:12

1 that the "beef' Products contain "seasoned ground beef," and not a product of
2 substantially lower quality that does not meet the definition for beef. For
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18 15. Taco Bell's advertisement that it sells "beef' menu items containing
19 "seasoned ground beef," is unsubstantiated, false and misleading. The Products,
20 unbeknownst to consumers, are comprised substantially of meat filling and are
21 mislabeled. Taco Bell's "seasoned beef' actually contains among other
22 ingredients, water, "Isolated Oat Product," wheat oats, soy lecithin,
23 maltodrextrin, anti-dusting agent, autolyzed yeast extract, modified corn starch
24 and sodium phosphate, as well as beef and seasonings.
25 16. Taco Bell's definition of "seasoned beef' does not conform to
26 consumers' reasonable expectation or ordinary meaning of seasoned beef, which
27 is beef and seasonings. Merriam-Webster defines "beef' as "the flesh of an adult
28 domestic bovine (as steer or cow) used as food."
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 8 of 18 Page ID #:13

1 17. Taco Bell's use of the term "seasoned beef' also violates and is
2 otherwise inconsistent with the United States Department of Agriculture's
3 ("USDA") definition. The USDA defines "beef' as "flesh of cattle." 7 C.F.R.
4 §1260.l19. "Ground beef' "shall consist of chopped fresh and/or frozen beef
5 with or without seasoning and without the addition of beef fat as such, shall not
6 contain more than 30 percent fat, and shall not contain added water, phosphates,
7 binders, or extenders." 9 C.F.R. §319.15.
8 18. The USDA has developed the Food Standards and Labeling Policy
9 Book (the "Policy Book"). The Policy Book provides "guidance to help
10 manufacturers and prepare product labels that are truthful and not misleading."
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 9 of 18 Page ID #:14

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17 CLASS ACTION ALLEGATIONS
18 20. Plaintiff brings this lawsuit on behalf of herself and the proposed
19 Class members under Federal Rules of Civil Procedure Rule 23(a) and (b)(2).
20 The proposed Class consists of:
21 All persons in the United States who purchased any food product
22 from Taco Bell that was advertised or labeled as a containing
23 "beef," "seasoned ground beef' or "seasoned beeC'
24 21. The Class is comprised of many tens of thousands of consumers
25 throughout California and the United States. The Class is so numerous that
26 joinder of all members ofthe Class is impractical.
27 22. This action involves questions of law and fact common to the
28 plaintiff and the members of the Class which include:
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 10 of 18 Page ID #:15

1 (a) Whether Taco Bell has engaged in an unlawful, unfair,

2 misleading or deceptive business act or practice through their labeling and
3 advertising practices;
4 (b) Whether Taco Bell's labeling and advertising is misleading
5 and/or likely to deceive regarding the nature of the Products;
6 (c) Whether the Taco Bell Products contain beef with a seasoning
7 or taco meat filling;
8 (d) Whether Taco Bell's alleged conduct violates public policy;
9 and
lO (e) Whether plaintiff and Class members are entitled to
0.. declaratory and injunctive relief, including enjoining Taco Bell from continuing
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19 prosecution of this type of action.
20 25. Unless a class-wide injunction is issued, Taco Bell will continue to
21 commit the violations alleged, and the members of the Class and the general
22 public will continue to be misled.
23 26. Taco Bell has acted or refused to act on grounds that apply generally
24 to the Class so that final injunctive relief and corresponding declaratory relief is
2S appropriate respecting the Class as a whole.
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 11 of 18 Page ID #:16

1 FIRST CAUSE OF ACTION

2 Consumers Legal Remedies Act
Civil Code §1750 et seq.
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4 27. Plaintiff realleges and incorporates by reference the allegations
5 contained in the paragraphs above as if fully set forth herein.
6 28. This cause of action is brought pursuant to the Consumers Legal
7 Remedies Act, Civil Code § 1750, et seq. (the "Act"). Plaintiff is a consumer as
8 defined by Civil Code §1761(d). The Products are goods within the meaning of
9 the Act.
10 29. Taco Bell violated and continues to violate the Act by engaging in
0.. the following practices proscribed by § 1770(a) of the Act in transactions with
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19 (c) Advertising goods ... with intent not to sell
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21 30. Taco Bell violated the Act by making the representations described
22 above when it knew, or should have known, that the representations were
23 ullsubstantiated, false and misleading.
24 31. Pursuant to §1782(d) of the Act, plaintiff and the Class seek a Court
25 order enjoining the above-described wrongful acts and practices of Taco Bell,
26 and for corrective advertising.
27 32. Pursuant to §1780(d) of the Act, attached hereto as Exhibit A is the
28 affidavit showing that this action has been commenced in the proper forum.
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 12 of 18 Page ID #:17

1 SECOND CAUSE OF ACTION

2
Unlawful Business Acts and Practices,
3 Business & Professions Code §17200, et seq.
4 33. Plaintiff repeats and realleges the allegations contained In the
5 paragraphs above, as if fully set forth herein.
6 34. Business & Professions Code §17200 prohibits any "unlawful,
7 unfair or fraudulent business act or practice and unfair, deceptive, untrue or
8 misleading advertising." For the reasons discussed above, Taco Bell has violated
9 each of these provisions of Business & Professions Code §17200.
10 35. Taco Bell has violated §17200's prohibition against engaging in
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18 36. Plaintiff and the Class reserve the right to allege other violations of
19 law which constitute other unlawful business acts or practices. Such conduct is
20 ongoing and continues to this date.
21 37. Taco Bell's acts, omissions, misrepresentations, practices and non-
22 disclosures that the Products contained "seasoned ground beef' or "seasoned
23 beef' rather than "taco meat filling," as alleged herein, also constitute "unfair"
24 business acts and practices within the meaning of Business & Professions Code
25 § 17200, et seq., in that its conduct is substantially injurious to consumers,
26 offends public policy, and is immoral, unethical, oppressive, and unscrupulous as
27 the gravity of the conduct outweighs any alleged benefits attributable to such
28 conduct.
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 13 of 18 Page ID #:18

1 38. As stated in this Complaint, plaintiff alleges violations of consumer

2 protection, unfair competition and truth in advertising laws. Plaintiff asserts
3 violations of the public policy of engaging in false and misleading advertising,
4 unfair competition and deceptive conduct towards consumers. This conduct
5 constitutes violations of the unfair prong of Business & Professions Code
6 § 17200, et seq.
7 39. There were reasonably available alternatives to further Taco Bell's
8 legitimate business interests, other than the conduct described herein.
9 40. The foregoing conduct also violates Business & Professions Code
10 § 17200's prohibition against "fraudulent" or deceptive business practices.
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18 42. Taco Bell's conduct caused and continues to cause substantial injury
19 to plaintiff and the other Class members. Plaintiff has suffered injury in fact and
20 has lost money or property as a result of Taco Bell's unfair conduct.
21 43. As a result of Taco Bell's violations of the UeL, and similar laws in
22 effect in other states, plaintiff and Class members are entitled to the relief against
23 defendant, as set forth in the Prayer for Relief.
24 44. Additionally, pursuant to Business & Professions Code § 17203,
25 plaintiff seeks an order requiring Taco Bell to immediately cease such acts of
26 unlawful, unfair and fraudulent business practices, and requiring Taco Bell to
27 engage in a corrective advertising campaign, including notification of the true
28 content and ingredients of Taco Bell's Products.
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 Case 8:11-cv-00101-DOC -FFM Document 1 Filed 01/19/11 Page 14 of 18 Page ID #:19

1 PRAYER FOR RELIEF

2 Wherefore, plaintiff prays for a judgment:
3 A. Certifying the Class as a class action;
4 B. Awarding declaratory and injunctive relief, including enJommg
5 defendant from continuing the unlawful practices as set forth herein, and
6 continuing to misrepresent the true contents and ingredients of their Products;
7 C. Directing defendant to engage in a corrective advertising campaign;
8 D. Awarding plaintiff attorneys' fees and costs; and
9 E. Awarding such further relief as may be just and proper.
10 JURY DEMAND
0- Plaintiff demands a trial by jury on all issues so triable.
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Z 12 Dated: January 19,2011 BLOOD HURST & O'REARDON, LLP
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«w 13 LESLIE E. HURST
£r THOMAS J. O'REARDON II

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18 Telephone: (619) 338-1100
Facslmile: (619) 338-1101
19 tbloOd~bholaw.com
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20 torear on@bholaw.com
21 BEASLEYA ALLEN, CROW, MEHVIN,
PORTIS (5[, MILE~ P.C.
22 W. DANIEL MILE~, III
WILLIAM E. HOPKINS, JR.
23 218 Commerce Street
Post Office Box 4160
24 Montgomery, AL 36104
Telepnone: 334/269-2343
25 334/954-7555 (fax)
Dee.Miles~easley'Allen. com
26 Bill.Hopkiiis@BeasleyAllen.com
27 Attorneys for Plaintiff
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