Posted on 07/01/2005 11:51:57 PM PDT by nickcarraway
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."
Depends on what the meaning of "lobster" is.
A piece of pipe sharpened, catch a bunch of ray and make cutout cookies from the wings with the pipe as a cutter, peel and butterfly, add some cold corona and salt, butter on the grill and they are yummy !!
There was a time in this country, when if you didn't like something at an establishment, you would just never return, and perhaps tell your friends. Now, you sue. Ye Gads.
I agree with him. I'm so sick and tired of false advertising.
They could probably use boiled crayfish. Some people consider boiled salted crayfish as excellent with cold beer.
But these jerks aren't just giving bad service. They're bilking tons of people with false advertising.
So? No biggie. I like the fish tacos better anyway.
It's too bad that "Go F**K Yourself" doesn't constitute a legal response in this country.
Oh, give me a break. You expect actual Lobster for $6?
You get what you pay for.
...oh, yeah, and Wahoo's is good too if you're out here. They don't fry the fish, so it's probably healthier.
I used to grab lots of "bugs" in the Bahamas, back in the day. Lobster for brunch and dinner. Oh yeah! Life at anchor, windsurfing, snorkeling, young wife, no kids...
I believe the issue here is false advertising. Suppose you bought a beef burrito ... and they used fake soy protein tofu substitute.
Damn responsibilities !!! They caught up with me too.....sun and surf and bugs won't be next to ya holding yer hand when yer old and gray Travis......family first !!
A lesson I learned late !........:o)
Ya move to florida we have to meet at Paw Paw's in LAke Charles LA for some mud bugs and beer...with Joe Brower of course ! !!
OMG! It costs $6.00 for one lobster taco! That's pretty steep ... especially when it takes two or three to make a meal. And I would really wonder about anyone who cannot tell the difference between lobster and langostino.
I wouldn't sue ... but I wouldn't buy that stuff again. In fact I wouldn't buy it in the first place.
As opposed to the hotcha non-existent fishes (and I shall refrain from further comment about the merits of their flesh) such as ''Norwegian Salmon'', ''Orange Roughy'', and ''Chilean Sea Bass'', not one of which species even exists and certainly none of which are represented accurately on the menu by any restaurant serving them.
The ersatz ''Chilean Sea Bass'', for example, is properly known as the Pacific toothfish...but that wouldn't be so good for marketing, now would it?
Well, were they tasty enough to go back for more?
After all, for crying out loud, who would go to a burrito joint to savor the palate pleasing lobster when a lobster joint is most likely down the road?
I can see another lawsuit in the making when someone finds out that the Leftsa(sp) they ate at an Italian fast food joint wasn't real Lefsta(sp).
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