Taco Bell's latest statement regarding the lawsuit said its seasoned beef includes ingredients found in home kitchens and supermarkets:
88% USDA-inspected quality beef
3-5% water for moisture
3-5% spices (including salt, chili pepper, onion powder, tomato powder, sugar, garlic powder, cocoa powder and a proprietary blend of Mexican spices and natural flavors)
3-5% oats, starch, sugar, yeast, citric acid, and other ingredients that "contribute to the quality of our product"
"You can't call it beef by definition," Miles, the suit's litigator, said. "It's junk. I wouldn't eat it."
"We're going to move forward and I believe we're going to be successful," he said.
In order for the plaintiffs to win the case, Nelson Mullins' Williams said, they would have to prove material misrepresentation on the part of Taco Bell -- that the food chain made false statements for the purpose of persuading consumers to purchase beef tacos that they wouldn't otherwise have bought if they knew the reality -- and that consumers were damaged in some way by that misrepresentation.
The complaint said that: "During the relevant time period plaintiff was exposed in California to defendant's advertising and labeling claims that the subject "beef" food items were filled with "seasoned ground beef" or "seasoned beef." Based on these representations, as well as the reasonable belief that defendant would accurately and honestly describe its products, plaintiff believed the taco meat filling was seasoned beef and, in reliance thereon, purchased the food items, thereby suffering injury in fact and losing money as a result of the alleged conduct. Plaintiff wanted to purchase beef-filled food items from Taco Bell, but did not receive what she believed she was purchasing."