"Arby's deceptively continues to sell its fries and beverages in smaller sizes which are now substantially smaller than the old sizes," the suit, filed in Queens County Supreme Court, alleges.
"The increase in prices may never be noticed by Arby's purchasers, who may be left only with a strange feeling, short of satiety, even though this was due to ... downsizing," it continues.
By comparing nutritional facts for its different portions of fries, lawyers found that Arby's phased out its kids' sized fries, made that portion the new small, the prior small the new medium, and the old medium the new large.
The move comes amid increasing instances of 'shrinkflation,' when companies reduce quantities - often without changing package size - and only sometimes lower prices, the suit argues.
Collection
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