In-N-Out Burger has filed a federal lawsuit against YouTuber Bryan Arnett after he allegedly impersonated an employee and made lewd remarks to customers in a prank video.
Arnett, who has over 600,000 followers across YouTube and Instagram, posted the video on April 25. Dressed in a red apron, white shirt, and paper In-N-Out hat, he posed as a drive-thru worker at a closed location, reportedly in Glendale, on Easter Sunday, when all the burger joints were closed for the holiday.
In the video, which is now unsearchable and appears to have been taken down, Arnett takes fake orders, offers imaginary menu items, and makes vulgar comments.
At one point, he asks a customer, “I like watching my wife sleeping with other men. Is that something you’d be interested in?”
In another part of the video, he and an accomplice joke about cockroaches and condoms in customer meals.
Arnett has previously posted videos pranking the chain, including paying in pennies and hanging a fake employee-of-the-month plaque. This time, In-N-Out is taking legal action.
The lawsuit, filed on June 20, accuses Arnett of falsely representing the company and defaming its brand with “lewd, unsettling and bizarre” behavior. The company sent a cease-and-desist letter in early May. The suit seeks to ban Arnett from all In-N-Out locations, recoup any earnings from the video, and pursue damages.
The Independent has reached out to In-N-Out for comment.
Known for fiercely guarding its family-friendly image, the Southern California-based chain previously sued another YouTuber in 2018 over similar antics.
In a new video, Arnett has responded to the lawsuit while eating In-N-Out in his car, SFGate reported.
“When I went out and filmed the video, I kinda knew what kind of waters I was stepping into,” he said. “I knew I was kinda teetering the line a little bit, pushing my luck.”
“I wouldn’t say I’m worried about the lawsuit,” he added. “Like yeah, sure, it’ll probably be annoying or whatever, but whatever’s gonna happen is gonna happen.”
In a statement provided to The Independent, In-N-Out Burger Chief Legal & Business Officer Arnie Wensinger said: “For over seven decades, we have worked hard to create a welcoming and enjoyable experience for every Customer who visits us. Recently, we have seen an increase in online media personalities who have chosen to play pranks or practical jokes that are designed to embarrass, humiliate, or upset our Customers, their families, and our Associates. These individuals have engaged in behavior that includes deception, trespass, lewdness, and other actions that have then been posted on social media for their personal and monetary gain at the expense of our Customers and the In-N-Out Burger brand.”
Wensinger continued: “By filing this lawsuit, we are putting all such individuals on notice that In-N-Out Burger will aggressively pursue all legal rights against these individuals going forward.”
