Just How Big Is Grande? Eatery Sued in State’s Attempt to Answer

The people of California sued a local Mexican restaurant Friday to get the answer to a decade-old question: “Where’s the beef?”

The Orange County district attorney’s office, which filed the suit, also wants to know about the chicken, pork, rice, beans, lettuce, tomatoes, cheese, sour cream, onions and cilantro in Taco Tec’s Grande Burrito.

According to the suit, the 36-seat Taco Tec served “various types of Mexican fast foods in less quantity than represented,” in particular the deluxe burrito and the grande burrito.

Taco Tec’s co-owner, Jeff Whitefield, said the dispute centers on “Al Carbon’s Grande Burrito,” which the chain of 15 independently owned restaurants advertised as “Almost 3 Pounds, 16 Inches.” Cost: $3.49.

Health and food services inspectors made about five visits to the restaurant in the 5900 block of Edinger Avenue after flyers advertising the special appeared, said the 20-year-old Whitefield.

“They got me for saying ‘almost,”’ Whitefield said. “They made a big deal about it, but I’m not worried,” after only one of his five creations tipped the official scales at 3 pounds.

“Sometimes a case may appear to be trivial,” said Robert C. Gannon, Jr., deputy district attorney in charge of the consumer unit. “However, state and federal consumer protection laws make it illegal for a business to falsify or make misleading statements regarding the amount of product being sold. When this occurs, as in this case, and a competitive advantage over similar businesses has been created, we feel it is appropriate to take legal action to stop such practices.”

After weighing the burritos, Whitefield said, the inspectors photographed them and froze them as evidence. Whitefield’s mother and partner, Linda Whitefield, who also is named in the suit, met with inspectors to settle the issue, Jeff Whitefield said.

They agreed to change the name of the promotion--to “Probably the Biggest Burrito You’ve Ever Seen”--and pay a fine of $740, the first installment of which was due this week, Whitefield said. He said Friday’s lawsuit came as a surprise to him.

“We’re just a mother and son trying to make a living and we have the community behind us,” said Whitefield, adding that he has been in the restaurant business since he was 16. “I can’t believe these people!”