Consumer Law

Appeals Court Allows Hindus’ Suit Against Restaurant that Accidentally Served Them Meat


A New Jersey appeals court has reinstated a lawsuit filed by 16 Hindus against a restaurant that admits it accidentally served them meat-filled pastries in a take-out order.

The plaintiffs are seeking money for a trip to India, saying they must visit the Ganges River to purify their souls, the New Jersey Star-Ledger reports.

In an opinion (PDF) released Monday, the court allowed a breach of express warranty claim against the Moghul Express in Edison, N.J. The plaintiffs say they informed the restaurant that they needed meatless samosas because they are strict vegetarians, and the restaurant assured them they did not make the pastries with meat. The food tray was labeled “VEG Samosas.”

After the diners ate the pastries, they became concerned that they contained meat and eventually returned them to the restaurant. At that time, the restaurant employees admitted the pastries did in fact contain meat.

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