Short on Biscuits? Lawsuit Claims Red Lobster Mix Underdelivers

Red Lobster has been overpromising and under-delivering when it comes to its cheddar biscuit mix, a proposed class action alleges. According to the lawsuit, consumers buying Red Lobster Cheddar Bay Biscuit Mix are getting stiffed out of about three biscuits per package. 

Plaintiff Cassandra Neubauer filed the proposed class action lawsuit against Red Lobster Hospitality LLC and Continental Mills Inc. on March 4, alleging violations of state and federal consumer laws. 

Neubauer says the companies owe consumers more than $5 million in damages for allegedly tricking them out of their extra biscuits.

“Defendants caused economic harm to Plaintiff… because they received fewer servings than what Defendants promised on their label,” the lawsuit states.

Lawsuit say mix makes only 7 biscuits, not 10

Red Lobster and Continental Mills collectively make and sell the controversial Red Lobster Cheddar Bay Biscuit Mix throughout the United States, Neubauer says. 

She says the packaging clearly indicates that, when baked, the mix should turn out about 10 servings – or 10 biscuits. 

One serving of the product, according to its labels, is equal to 1/3 cup of mix, the lawsuit says. At those measurements, compared to the weight of the box, a consumer could only make a maximum of seven cheddar biscuits with the mix.

“Thus, defendants misrepresent the number of servings in the product by an average of 3.1 servings per box, or 31.38%,” the lawsuit says.

Red Lobster accused of knowing misrepresentation

The companies are fully aware of their alleged misrepresentation on the biscuit mix box, and did it anyway, Neubauer says. The companies should have measured their product and determined that they were overstating the number of servings on the label, she adds. 

Neubauer says she and other biscuit-lovers received on average 31.3 8% fewer servings than they bargained and paid for. 

As a result, Neubauer is looking to recover 31.3 8% of all retail sales of the product in damages, or $0.92 for every box. 

Not Red Lobster’s first legal battle

This lawsuit comes on the heels of other legal challenges for Red Lobster.

In January, a federal judge rejected the company's attempt to dismiss a lawsuit alleging its seafood isn't as sustainable as advertised. Additionally, a former employee filed a discrimination lawsuit against Red Lobster in February.

Neubauer is looking to represent anyone in the United States who bought the Red Lobster Cheddar Bay Biscuit Mix for personal use, plus an Illinois subclass. She is suing for breach of warranty and violations of Illinois consumer laws and is seeking certification of the class action, damages, fees, costs and a jury trial. 

The plaintiff and the proposed class are represented by David C. Nelson of Nelson & Nelson, Attorneys at Law P.C. and Matthew H. Armstrong of Armstrong Law Firm LLC.

The Red Lobster Cheddar Bay biscuit mix class action lawsuit is Neubauer v.  Red Lobster Hospitality LLC, Case No. 3:24-cv-01160 in the U.S. District Court for the Southern District of Illinois.