In a legal action taken against Taco Bell, a dissatisfied New York man named Frank Siragusa has filed a lawsuit for false advertising, AFP reported. 

According to Siragusa, the Mexican Pizza he purchased in September of the previous year contained only about half the amount of beef and bean filling as depicted in the advertisements.

In the class-action lawsuit filed on Monday in the Eastern District of New York, the plaintiff claims that if he had been aware of the reduced filling, he would not have paid the $5.49 price for the item. 

As a result, Siragusa is seeking more than $5 million in damages from the fast food chain, alleging “unfair and deceptive trade practices.”

The Mexican pizza offers seasoned beef and refried beans between two pizza shells with sauce, cheese and tomatoes on top, with add-ons including guacamole and chicken.

Siragusa filed the suit on behalf of himself and other customers who were left similarly disappointed with items, including Taco Bell´s popular Crunchwraps.

The court filing juxtaposes photos of food taken from the chain´s website with photos of the “actual” item that customers say they received.

The restaurant´s images show brightly colored meat, cheese and salad oozing out of tightly packed tacos. The customers´ photos show duller food looking rather sad and limp.

The lawsuit claims the adverts are “unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being promised.”

“Taco Bell´s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially,” it adds.

The suit includes links to media articles making similar claims about Taco Bell´s portions.

In one, published on the US edition of The Sun last September, a journalist wrote that the Mexican Pizza “wasn’t as beefy as the commercial pictures made it look.”

A spokesperson for Taco Bell did not immediately respond to a request for comment from AFP.

According to Reuters, the other lawyer, Anthony Russo, filed a similar case last year in Miami against Burger King over its Whoppers. That lawsuit went to mediation, where it reached an impasse.

“Taco Bell does not adequately disclose the weight of the beef or filling,” Russo said in an email. “Plaintiff did not make any purchases of the product based on any weight disclosure but solely based on the picture of the product, as we believe most consumers do.”

The case is Siragusa v Taco Bell Corp, U.S. District Court, Eastern District of New York, No. 23-05748.