Throughout 2024, restaurant chains across America faced unrelenting criticism for rising menu prices, which have made dining out much less practical for many customers. And now Arby’s is the latest major restaurant brand to have its affordability come under scrutiny amid allegations that it quietly downsized two popular menu offerings without lowering the prices in tandem.

A new class action lawsuit filed by Melissa Nelson of Queens, N.Y., claims that Arby’s decreased the sizes of its French fries and drinks without notifying customers or dropping its prices, the New York Post reports. Nelson’s lawyers say they compared Arby’s French fry nutrition details and found that the chain had stopped offering kids’ sized fries, then rebranded its child-sized portion as a “small” order.

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Arby’s also allegedly made its old small portion of fries into the new “medium” and turned its old medium portion into the new “large.” The chain similarly downsized its soft drink cups “without any corresponding reduction in price…or disclosure to its customers,” the lawsuit reads. This filing, in other words, claims that Arby’s customers are paying just as much for less product—and they were never directly informed about the change.

Arby's meal on table
Photo: Deutschlandreform / Shutterstock

“Arby’s deceptively continues to sell its fries and beverages in smaller sizes which are now substantially smaller than the old sizes,” the lawsuit alleges.

My nearest Arby’s in central New Jersey is currently charging $2.99, $3.29, and $3.79 for small, medium, and large orders of fries, respectively. Meanwhile, small, medium, and large soft drinks are selling for $2.49, $2.69, and $2.99, respectively. Prices may vary at other locations.

Nelson’s lawyers aren’t the only ones who have accused Arby’s of quietly shrinking its drink and fry portions. Customers have been complaining about the purported change on social media for some time now. However, with this new lawsuit, the plaintiff is going a step further by seeking damages for the customers impacted by this downsizing.

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Nelson is looking to represent New York residents who bought fries and drinks from Arby’s before the alleged size reduction, according to the Post. The company did not immediately respond to our queries for comment on the lawsuit and its allegations.

In other Arby’s news, the chain just brought back its popular line of seasonal fish sandwiches. Customers can choose between a classic Crispy Fish Sandwich (566 calories), a Fish ‘N Cheddar Sandwich (536 calories), and a King’s Hawaiian Fish Deluxe Sandwich (695 calories). These will only be available for a limited time, so fans shouldn’t wait too long to stop by their local Arby’s.

Zoe Strozewski

Zoe Strozewski is a News Writer for Eat This, Not That! A Chicago native who now lives in New Jersey, she graduated from Kean University in 2020 with a bachelor’s degree in journalism. Read more about Zoe
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