On Feb. 12, 2010, Ronald Williams and Jennifer Clayton (the "Plaintiffs") filed a class action lawsuit against Kahala Corp. ("Blimpie") for violation of the Illinois Consumer Fraud and Deceptive Business Practice Act. The complaint states that Blimpie restaurants advertise "Super Stacked" sandwiches, which, according to the advertisement, contain "double portions of meat" as compared to their non-Super Stacked or "regular" sandwiches. The complaint asserts that Blimpie does not put double meat on all of its Super Stacked sandwiches as compared to their regular counterparts, but charges a premium price for Super Stacked sandwiches. According to the complaint, the nutrition facts for the Super Stacked sandwiches state that Super Stacked sandwiches contain less than double the amount of protein as compared to their regular counterparts. Furthermore, the complaint asserts that Blimpie advertises Super Stacked sandwiches with no regular counterpart, suggesting that there is no basis of comparison to support Blimpie's claim of "double portions of meat" for certain sandwiches. The Plaintiffs allege that they have regularly patronized Blimpie and ordered the Super Stacked sandwiches with the false belief that these sandwiches contained double portions of meat. The Plaintiffs are asking the court to certify the class, award the class damages, attorneys' fees, costs, and issue a permanent injunction enjoining Blimpie from advertising that its Super Stacked sandwiches contain double portions of meat, without including double portions of meat in such sandwiches.
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