Taco Bell urges rejection of "seasoned beef" suit

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A Taco Bell logo is seen outside one of its restaurants in Virginia in this October 5, 2010 file photo. REUTERS/Larry Downing

A Taco Bell logo is seen outside one of its restaurants in Virginia in this October 5, 2010 file photo.

Credit: Reuters/Larry Downing

NEW YORK | Wed Mar 2, 2011 11:58am EST

NEW YORK (Reuters) - Taco Bell Corp has urged a court to throw out an "enormously disparaging" lawsuit that claims its "seasoned beef" taco and burrito filling has too little beef to be labeled as such.

The request came after the unit of Yum Brands Inc, which dominates the Mexican fast-food restaurant market in the United States, said sales at its 5,600 U.S. restaurants were being hurt by publicity from the January lawsuit.

It follows this week's launch of a nationwide advertising campaign featuring Taco Bell employees, in which the company tries to reassure customers about its beef taco filling, which it says is 88 percent beef and 12 percent "signature recipe."

Taco Bell said it requires a "leap of logic" for the plaintiff, California resident Amanda Obney, to conclude its "seasoned beef" contains less than 50 percent beef, though its suppliers call it "taco meat filling."

"This enormously disparaging complaint is insufficient on its face," Taco Bell said in a filing late Tuesday with the federal court in Los Angeles.

A hearing is set for April 25. A spokeswoman for Beasley, Allen, Crow, Methvin, Portis & Miles PC, an Alabama law firm representing Obney, declined to comment.

In a conference call early last month, Yum Chief Executive David Novak said the company was "seeing a negative short-term impact" from the case.

"We believe we turned the tide with our aggressive response," he added.

Taco Bell tried to make light of the lawsuit in an earlier print campaign, saying: "Thank you for suing us."

Yum said on February 15 that Taco Bell has a 52 percent U.S. market share in Mexican "quick service" restaurant sales.

The lawsuit in Obney v. Taco Bell Corp, U.S. District Court, Central District of California, No. 11-00101.

(Editing by Jerry Norton)

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