Arby’s False Advertising Lawsuit, Did You Get Less Meat Than the Menu Showed?

A federal class action lawsuit accuses Arby’s Restaurant Group of showing consumers sandwiches stuffed with meat in their ads — while serving sandwiches with far less at the counter. New York customer Joseph Alongis filed the lawsuit after ordering an Arby’s Double Beef ‘N Cheddar and Smokehouse Brisket and receiving sandwiches that contained roughly half the meat shown in the menu photos. As of early 2026, the case is moving into the discovery phase after a federal judge refused to dismiss it in September 2025. No settlement exists yet, but New York consumers who bought certain sandwiches since 2020 may have a stake in this case.

Quick Facts

Field	Detail
Case Name	Alongis v. Arby’s Restaurant Group, Inc.
Case Number	2:23-cv-06593
Court	U.S. District Court, Eastern District of New York
Date Filed	September 5, 2023
Settlement Amount	TBD — no settlement reached
Claim Deadline	TBD — case still in active litigation
Who Qualifies	New York consumers who purchased specific Arby’s sandwiches since September 5, 2020
Payout Per Person	TBD
Proof Required	TBD
Settlement Status	Active litigation — discovery phase
Plaintiff’s Attorneys	The Russo Firm / Law Office of James C. Kelley
Official Case Website	TBD — no settlement administrator assigned yet

Current Status & What Happens Next

• On September 29, 2025, Judge Nusrat J. Choudhury denied the majority of Arby’s motion to dismiss, allowing the core claims to move forward. The court dismissed only the claims tied to the Half Pound Roast Beef and Half Pound Beef ‘N Cheddar sandwiches.
• As of early 2026, both parties are now in the discovery phase, meaning each side must exchange evidence about what was advertised and what customers actually received.
• No settlement, opt-out deadline, or final approval hearing date has been set. The case must progress through discovery and potentially class certification before a resolution becomes possible.
• A separate “shrinkflation” lawsuit, Nelson v. Arby’s, was filed in December 2024 in Queens County Supreme Court, alleging the chain quietly reduced the sizes of fries and drinks without lowering prices or informing customers. That case remains in early litigation.

What Is the Arby’s Lawsuit About?

Plaintiff Joseph Alongis says he viewed Arby’s advertisements on menu ordering boards before purchasing a Double Beef ‘N Cheddar and a Smokehouse Brisket sandwich. He expected the sandwiches he received to look like the ones in the ads. Instead, they contained about half the meat he anticipated, and the roast beef was not the rare, pinkish variety shown in Arby’s marketing materials.

The lawsuit alleges that Arby’s arranged meat during photoshoots in a way that made portions appear far larger than what customers actually receive. The complaint contends that Arby’s used the same misleading photographs across every advertising channel — in-store menu boards, its website, and delivery platforms like Uber Eats, Grubhub, and DoorDash.

Arby’s tried to have the case thrown out, arguing the photos were “non-actionable puffery” — meaning harmless exaggeration that no reasonable consumer should take literally. Judge Nusrat J. Choudhury rejected that argument, ruling that the images go beyond vague opinion and make specific claims a reasonable person could believe about actual portion sizes. The lawsuit proceeds under New York General Business Law Sections 349 and 350, which prohibit false and deceptive advertising in the state.

Who Is Eligible to Potentially File a Claim?

No claim form exists yet. However, understanding who the lawsuit targets helps you know whether to watch this case closely.

• You may qualify if you purchased an Arby’s Classic Roast Beef, Double Roast Beef, Classic Beef ‘N Cheddar, Double Beef ‘N Cheddar, or Smokehouse Brisket sandwich in New York.
• You may qualify if your purchase occurred at any point from September 5, 2020 through the date of the final resolution of this case.
• You may qualify if you ordered through Arby’s website, mobile app, or third-party delivery platforms like Uber Eats, Grubhub, Seamless, or DoorDash — the court confirmed that online and in-store buyers can both be part of the class.
• You may qualify if you would not have purchased the sandwich — or would have paid less — had you known the actual portion size differed from the advertisement.
• You likely do not qualify at this time if you purchased outside New York state. The current class is limited to New York consumers, though the outcome could influence future nationwide claims.

Related article: SweetLeaf Monk Fruit Sweetener Class Action, Is Your “Nothing Artificial” Sweetener Mostly Erythritol?

How Much Could You Receive?

No payout figure has been confirmed. The case has not settled, and no damages amount appears in court records.

Plaintiffs seek money for consumers who overpaid based on misleading advertising, plus a court order requiring Arby’s to fix or remove the deceptive menu images. If the case settles, the amount each person receives will depend on how many class members participate and what the court approves.

This article will update with confirmed payout tiers and a claim deadline as soon as one becomes available.

What to Do Right Now

Step 1 — Save any receipts, order confirmations, or photos from Arby’s purchases in New York on or after September 5, 2020. Digital receipts from delivery apps work too.

Step 2 — Do not submit your personal information to any unofficial website claiming to process Arby’s claims. No official claim form or settlement administrator exists yet.

Step 3 — Monitor the plaintiff’s law firm directly. The Russo Firm handles this case and will announce any settlement or claim period on its official channels.

Step 4 — Check back here. This article updates as the case moves through discovery and class certification.

Step 5 — If you believe you qualify and want legal advice about your specific situation, consult a consumer protection attorney in New York.

Estimated time to complete (once claims open): TBD

Important Deadlines & Dates

Milestone	Date
Lawsuit Filed	September 5, 2023
Motion to Dismiss Denied (Partial)	September 29, 2025
Discovery Phase Begins	Early 2026
Class Certification Hearing	TBD
Claim Filing Deadline	TBD
Opt-Out Deadline	TBD
Objection Deadline	TBD
Final Approval Hearing	TBD
Expected Payment Date	TBD

Frequently Asked Questions

Do I need a lawyer to file a claim against Arby’s? 

No. If and when this case settles, class members can file claims directly through the official settlement website without hiring their own attorney. The Russo Firm represents all class members collectively and only gets paid if the case results in a recovery.

Is this Arby’s lawsuit legitimate?

 Yes. The case is on file in the U.S. District Court for the Eastern District of New York under case number 2:23-cv-06593. A federal judge reviewed Arby’s attempt to throw it out and allowed the core claims to proceed — which means the court found the allegations serious enough to move forward.

When will I receive a payment? 

No timeline exists yet. The case must still go through discovery, class certification, and either a settlement or a trial before any money reaches consumers. This process often takes one to three additional years from the current stage.

What if I live outside New York?

 The current Alongis case is limited to New York consumers who bought the specified sandwiches. However, its outcome could set a precedent for similar advertising claims on a national level. If you bought sandwiches in another state, watch for any future expansion of the class.

What if I no longer have my receipt?

 Hold onto any proof you can find — credit card statements, app order history, or email confirmations. When claims open, the court will specify exactly what proof qualifies and what happens when you have none. Many fast food settlement claims allow limited claims without receipts.

Will a settlement payment from this lawsuit affect my taxes? 

Possibly. Payments from false advertising settlements are sometimes treated as taxable income by the IRS, depending on how the settlement is structured. Speak with a tax professional when you receive any payout.

What does “non-actionable puffery” mean, and why did it matter here?

 Puffery is the legal term for vague marketing claims — like “the best burger in town” — that courts say no reasonable consumer would take as factual guarantees. Arby’s argued its food photos were puffery. The judge disagreed, finding that showing sandwiches with specific portion appearances crossed into factual territory that a reasonable customer could rely on when making a purchasing decision.

Is the Arby’s data breach settlement still open? 

No. A prior settlement related to a 2017 data breach had a claim deadline that closed in 2019. Any claims from that separate incident are no longer eligible. The current active case involves false advertising only.

• Consumers tracking other fast food advertising lawsuits may want to follow the TQL freight broker and wage lawsuit update for 2026 as another example of courts allowing consumer and worker claims to proceed past dismissal motions.

Last Updated: April 13, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.