Class-action lawsuit says Chipotle misrepresented calorie count

- Popular restaurant chain Chipotle is coming under fire again, but this time for its advertising.

A class-action lawsuit has been filed against the company, claiming it falsely advertised the calorie count on its chorizo burrito.

The sign said 300 calories, but the actual count was way more than that.

Some are calling this a completely frivolous lawsuit, saying most people are likely to assume 300 calories is far too little for a burrito.

But Tampa attorney Anthony Rickman said there may be a real  calorie case here.

The sign for Chipotle's Chorizo Burrito said 300 Calories. But Chipotle says the 300 calorie count was for the Chorizo only. But some mistook it to mean the entire burrito - rice, beans, chorizo and all.

Now, a class-action lawsuit has been filed in California, claiming the fast casual Tex-Mex chain misled customers.

On its website, you can check the nutritional information for Chipotle’s menu items. Chorizo burritos can total well over 1200 calories - four times as much as the count on the board.

The lawsuit could have a big-burrito sized effect on the company, covering people who ate there within the last four years. 

Rickman said don't assume this is just a frivolous case.

“When you look at it as, ‘I’m suing Chipotle because I got this burrito,’ of course it looks frivolous, but if you rephrase it, ‘I’m suing Chipotle because they falsely advertised,’” Rickman explained. “They mislead their consumers to believe they were receiving something and they weren’t receiving. And in fact, getting something much more unhealthy. That’s an issue.”

But Rickman said, if you're planning on joining the lawsuit, don't expect a big payday. You would probably get around $7.99 or a coupon for a free burrito.

FOX 13 News reached out to Chipotle for comment. A representative responded, saying: 

As a matter of policy, we don't discuss details surrounding pending legal action. I will note, however, that a lawsuit is nothing more than allegations and is proof of nothing. 
 
Generally speaking, we always work hard to maintain transparency around what is in our food, including the nutritional content, which is provided on an ingredient-by-ingredient basis. In presenting information regarding the calories in our chorizo, it was never our intent to create any confusion. 
 
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