In Chufen-Chen v. Dunkin' Brands, Inc., 954 F. 3d 492 (2d Cir. 2020), the court affirmed dismissal of consumers' claims that a company's advertisements for sandwich products using the word "steak" but depicting a beef patty were not actionable as false advertising or deceptive acts under New York law. The court determined that all three advertisements of the so-called "Angus Steak & Egg Breakfast Sandwich" and "Angus Steak & Egg Wake Up Wrap" conclude with multiple zoomed-in images that clearly show the "steak" in the products as a beef patty. The court also observed that there are examples of ground beef serving as "steak" such as in chopped steak, hamburger steak and Salisbury steak; the products sold in fact contain "Angus beef"; and a reasonable consumer would not be misled to believe that "grab-and-go products that can be consumed in hand, without the need for a fork and knife" contained an "unadulterated piece of meat." The court dismissed the claims of several plaintiffs for lack of personal jurisdiction because they purchased the products at franchises outside of New York. A foreign corporation does not consent to general personal jurisdiction in New York by merely registering to do business in the state and designating an in-state agent for service of process. The plaintiffs waived because they failed to raise in the district court the argument that Dunkin' consented to general personal jurisdiction due to contacts with New York.
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