CARLSBAD, Calif., June 30 – LAWFUEL – The Law News Network — In res…

CARLSBAD, Calif., June 30 – LAWFUEL – The Law News Network — In response to a Gallo & Associates press release announcing the alleged filing of a class-action lawsuit against San Diego-based Rubio’s Restaurants, Inc., which accused the company of inappropriately naming some of its lobster menu items, Rubio’s today is calling for the Los Angeles-based law firm to withdraw its complaint and issue a public retraction.

The alleged lawsuit, spearheaded by Ray E. Gallo, falsely claims Rubio’s has mislabeled its “Langostino Lobster Burrito.”

Despite Mr. Gallo’s claims, in a letter written earlier this year by Spring Randolph, a consumer safety officer in the Food and Drug Administration’s Office of Seafood, Rubio’s was advised that:

“The Seafood List (FDA’s Guide to Acceptable Market Names for Seafood Sold in Interstate Commerce) lists ‘langostino’ as the acceptable market name for the following species: Cervimunida johni and Pleuroncodes monodon. We would not object to the use of ‘langostino lobster’ for these species.”

According to Sheri Miksa, president and CEO of Rubio’s Restaurants, Inc., the two species that the FDA sanctioned as langostino lobsters are the products used by Rubio’s.

“Allegations that we would purposely mislead our guests are false,” Miksa said. “Rather, in our continuing effort to feature Baja-inspired flavor innovations for our guests, we use the name ‘langostino lobster’ to educate our loyal fans. The term ‘langostino lobster’ is not only approved by the highest authority on consumer food matters, but is also an accurate descriptor.”

While unable to confirm the filing by Gallo as outlined in his June 29, 2005 press release, Rubio’s Restaurants, Inc. has taken all appropriate actions to advise Mr. Gallo and his clients of this FDA-approved verbiage.

About Rubio’s® Restaurants, Inc.

Rubio’s Fresh Mexican Grill® (Nasdaq: RUBO – News) is the creator of the Affordable Fast Casual Fresh Mexican Grill segment. Fresh, flavorful, bold, distinctive Baja-inspired food is the hallmark of Rubio’s Fresh Mexican Grill. Rubio’s® success was built on the “World Famous Fish Taco” and has grown to include a variety of craveable, grilled foods featuring langostino lobster, Mahi-Mahi, shrimp, all white meat chicken, and lean carne asada (steak), slow-roasted carnitas (pork), fresh-made guacamole, and our famous salsas. The Fresh & Affordable Menu(SM) includes Street Tacos(SM), burritos, salads and bowls, tacos, quesadillas, low-fat, HealthMex® products with less than 20% of calories from fat, low-carb salads along with beer in most locations. Each restaurant design is reminiscent of Baja, Mexico’s relaxed, warm and inviting atmosphere. Headquartered in Carlsbad, Calif., Rubio’s operates, licenses or franchises more than 150 restaurants in California, Arizona, Oregon, Colorado, Utah and Nevada. More information can be found at

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