A Dos Toros customer has filed a class-action lawsuit against the fast-casual, alleging the chain has “deceptive marketing” practices around its pork and chicken products.
The suit, filed last week in U.S. District Court in the Southern District of New York, said the 20-unit burrito brand markets those proteins as being “naturally” and “humanely” raised when actually the meats “come from suppliers that raise animals in unnatural and inhumane industrial facilities where animals have no access to the outdoors for their entire lives.”
Additionally, the suit claims that the pigs and chickens used by Dos Toros are routinely raised, fed, handled and slaughtered in “inhumane, crowded and stressful conditions of confinement …”
In a statement to Restaurant Business Monday, New York City-based Dos Toros said it was taking the allegations in the lawsuit “very seriously.”
“We are mounting a comprehensive investigation of the claims in the lawsuit and will have more to say at the conclusion of that investigation,” a Dos Toros spokesperson said.
The lawsuit seeks the court’s approval to represent consumers who purchased pork or chicken dishes from Dos Toros based on the chain’s in-store signage and other marketing touting that the meats were raised “naturally” and humanely.”
The suit’s allegations are based on video posted on the website of Clemens Farms, one of Dos Toros’ suppliers, that showed crowded indoor facilities for pigs as well as citing USDA censure of the supplier for its treatment of the animals.
According to the lawsuit, Dos Toros’ chicken supplier FreeBird has been cited by government inspectors numerous times for improper slaughtering procedures as well as inhumane holding conditions.
Dos Toros was acquired in January 2020 by Chopt Creative Salad Co., in a deal financed by private-equity firm L Catterton. Chopt and Dos Toros combined to form a new holding company called Founders Table Restaurant Group.
The issue of animal welfare and restaurant chains came into the spotlight again earlier this month when activist investor Carl Icahn said he’ll seek two seats on McDonald’s board to make sure the burger giant honors its decade-long pledge to stop selling pork from hogs born in gestation crates. California law prohibits the sale of such animals.
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