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Seafood Fraud Allegations Hit Fast Food Business
Restaurant news resource ^ | 2005-06-30 | no byline

Posted on 07/03/2005 4:10:44 PM PDT by Cowman

Seafood Fraud Allegations Hit Fast Food Business

Rubio's Fresh Mexican Grill(R) Has Been Selling 'Lobster Burritos' for Years-But with 'Langostino' in Them Instead

As the Health-Mex market heats up in California, a class action has been filed on behalf of consumers allegedly defrauded by restaurant chain's menu language. Who's had Langostino Newburg?

Fans of Rubio's Fresh Mexican Grill(R) (NASDAQ:RUBO) , the self-described "Home of the Original Fish Taco," may want to reconsider their diets once they find out what one customer discovered after a recent meal at the Manhattan Beach, California Rubio's: There is nothing Americans traditionally call lobster in Rubio's "lobster burrito."

Seafood fraud normally is reserved for fish markets and high-end restaurants, where shark and ray meat are sometimes sold as scallops or formed-and-colored fish is sold as crab. A new class action, filed Tuesday in California Superior Court in Los Angeles by sometime consumer-attorney Ray E. Gallo, alleges that Rubio's "lobster burrito" is really a "langostino burrito." And a langostino, a small crayfish-or-shrimp-like creature caught mainly off the coast of Chile, just isn't what most Americans think they're getting when they're promised "lobster." Indeed, these langostinos are commonly called Red or Yellow Prawns.

"This case isn't just about bogus menu language that calls a product something it's not," said Ray Gallo, lead attorney for the plaintiffs. "This is an insult to one of America's favorite delicacies. Just the idea of a lobster gets seafood lovers salivating. It's the highest-priced delicacy on many five-star menus. For the fast-food consumer dining at Rubio's, a meal of lobster would be a real treat -- if Rubio's actually delivered what its burrito's name leads consumers to expect."

Gallo noted that, according to various sources, the meat in a Rubio's "lobster burrito" is apparently the tiny Chilean langostino, not the much bigger, tastier species of sea life that consumers think of as "lobster." The Chilean langostino, in important ways like taste and consistency is, many feel, more like a shrimp than a lobster. Why does Rubios call its langostino burrito a "Lobster Burrito?" Gallo says, "Rubio's sells a lot of them at $6 each. Which sounds better to you, langostino or lobster?"

Rubio's has made some attempt to avoid liability already. After being notified by Gallo that the lawsuit was coming, Rubio's changed its burrito's name to the "langostino lobster burrito." Does this solve the problem? Gallo says no: "To my knowledge, there is no such thing as a 'langostino lobster.' Have you ever heard of that? Maybe Rubio's has bred a new species to stuff into its burritos. But I doubt it. The bottom line in my opinion is this: Unless Rubio's is putting both langostino and lobster in its burrito now, the 'langostino lobster burrito' is misleadingly labeled, too."

Gallo admits he likes Rubio's food, though: "It's unfortunate that Rubio's, which I otherwise feel is a quality fast-food restaurant, succumbed to mislabeling its burritos. I've tried the burrito and it tastes good. Rubio's should just call it what it is. In the meantime, I think Rubio's owes all its 'lobster burrito' customers at least an apology and a refund."


TOPICS: Food; Society
KEYWORDS: cary; classaction; fraud; lawlottery; lawsuit; lobster; rubios
I'm going to sue! I just found out that Burger King dosen't put any ham in their hamburgers.

I don't know just what it is but it aint' ham

1 posted on 07/03/2005 4:10:44 PM PDT by Cowman
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To: Cowman

Doberman.


2 posted on 07/03/2005 4:14:14 PM PDT by Normal4me
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To: Cowman
Anybody that would eat a "Lobster" burrito deserves what they get.

What ever it is.

That is almost as bad as putting pineapple on pizza.

Some people, I tell ya.

LVM

3 posted on 07/03/2005 4:15:04 PM PDT by LasVegasMac ("God. Guts. Guns. I don't call 911." (bumper sticker))
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To: LasVegasMac

That is almost as bad as putting pineapple on pizza.

Must be a Kaliforia thing.


4 posted on 07/03/2005 4:17:53 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: tet68

Actually pineapple on pizza can be tasty...I suggest pineapple, ham and jalapenos. Ya' get sweet, meat and heat.


5 posted on 07/03/2005 4:22:59 PM PDT by politicalwit (USA...A Nation of Selective Law Enforcement.)
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To: politicalwit

I love Jalapenos on my pie, got introduced to it by a texan
while in the Marines, it was the only way to actually end up
with any if you brought a pie back to the Barracks!


6 posted on 07/03/2005 4:24:52 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Cowman
To my knowledge, there is no such thing as a 'langostino lobster.' Have you ever heard of that? Maybe Rubio's has bred a new species to stuff into its burritos. But I doubt it. The bottom line in my opinion is this: Unless Rubio's is putting both langostino and lobster in its burrito now, the 'langostino lobster burrito' is misleadingly labeled, too."

When Lawyers Attack.

7 posted on 07/03/2005 4:25:52 PM PDT by Gordon Pym
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To: Cowman

I think prawns and crayfish are better than lobster. Why not just call it a crayfish burrito?


8 posted on 07/03/2005 4:27:20 PM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: Cowman
More CA 17200 lawyer relief BS.
9 posted on 07/03/2005 4:27:38 PM PDT by fso301
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To: Cowman
I’ve never eaten there though I have heard plenty of their “fish taco” commercials.

That’s the solution – don’t call it lobster burrito, call it seafood burrito. You eat a “fish” taco that is cheap, you assume it isn’t Chilean sea bass they’re putting in it. I just say that because the last time I saw a market that sold Chilean sea bass it was $21.99/lb or something ridiculous. [Yes, I can almost guarantee you could get it cheaper elsewhere because that market had high-priced everything. Still, it’s darned expensive compared to halibut or something.]

10 posted on 07/03/2005 4:28:44 PM PDT by Who dat?
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To: All

How about just calling it a Seafood Burrito?


11 posted on 07/03/2005 4:29:57 PM PDT by Rodney Dangerfield
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To: Cowman

I have always thought the Fish sandwich served at many fast food restaurants was actually a sponge soaked in fish oil and fried in the same grease with the French Fries.

As for Lobster it doesnt hold a candle to Blue crab Imperial.


12 posted on 07/03/2005 4:29:58 PM PDT by sgtbono2002
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To: Gordon Pym
When Lawyers Attack

Yeah, With the lawyers, judges, and taxes out there I can't see why anybody would want to be in the food business.

I don't think Atlas is too far from shrugging.

13 posted on 07/03/2005 4:29:58 PM PDT by Cowman (Just when you hit the bottom of the stupid hole you notice the guy next to you is digging)
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To: R. Scott

Mud Bug Roll


14 posted on 07/03/2005 4:34:26 PM PDT by davetex (hippies and rinos stink, no really I'm not joking.)
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To: tet68

Jalapenos and Walla Walla Sweets for me please.


15 posted on 07/03/2005 4:37:04 PM PDT by MarkeyD (I really, really loathe liberals.)
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To: Cowman

Hey if they taste good and they are not poison who cares.


16 posted on 07/03/2005 4:56:56 PM PDT by since1868
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To: Cowman
People who "like" food on account of the name, or their expectation of whatever it might or might not be made of, are strange.

If it's good, eat it. If it's not good, don't eat it.

Frankly, the idea of a lobster burito sounds strange to me. Why ruin a perfectly good mess of seafood chowder by wrapping it up in a high carb dough-ball.

17 posted on 07/03/2005 6:53:08 PM PDT by muawiyah
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To: Cowman

Recent studies have demonstrated that at least 1/3 of the fish consumed in this country is actually a less-expensive variety than what it is sold as. Dang few people can tell the difference.


18 posted on 07/03/2005 7:19:57 PM PDT by Restorer (Liberalism: the auto-immune disease of societies.)
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