Bay area restaurants cited with critical violations for misleading customers

State says menus mislead or misinform consumers

mislabeled menu_20110719023834_JPG

Pierogi Grill and Steakhouse on Gulf to Bay Boulevard in Clearwater, Florida, has been written up by state inspectors three times for mislabeled menu violations.
Photographer: WFTS
Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 07/18/2011

TAMPA - Christine Kremer says she doesn't always believe what she reads on the menu.  "I've worked in the restaurant business since 1971 and I know better," said Kremer.

So she was not surprised to hear that state inspectors cited 14 Tampa Bay area restaurants in the last year with critical violations for misleading their customers, with their menus saying one thing and inspectors finding something else in the kitchen.

In a special I-Team Investigation, we discovered Pierogi Grill and Steakhouse on Gulf to Bay Blvd in Clearwater had been written up three times for similar violations.

The restaurant advertises "home-made pierogi," but according to state inspectors, they found pre-packaged, frozen pierogi in the kitchen on March 29, 2011.

So the restaurant changed the menu to say "hand-made" pierogi, but when inspectors returned twice a few months later on June 15 and June 17, they again discovered pierogis pre-made in the kitchen with the word "homestyle" on the packaging.

Pierogi's owner Marek Pietryniak met with me in person, but did not want to go on camera. He said there's been a communication problem between his manager and the inspector and sent us this email which reads in part, "At Pierogi & Grill we do serve homemade pierogies daily to our customers. Since our customers enjoy them so much, sometimes we cannot keep up with the orders and for the reserve we serve pierogies from one of our suppliers. These pierogies are also made by hand and not by a machine" ( see entire response below).

Chen Zheng Happi Wok on County Road One in Dunedin advertises on their menu "crab" in their crab rangoon and seafood delight but inspectors found it was actually imitation crab. Inspectors warned the restaurant twice in the past year on April 6, 2011 and on December 9, 2010 about misleading consumers, documenting the critical violations.

Happy Wok was fined $800 in April and sent us this written response saying in part, "The status of the situation is the menu has been changed one month ago. Instead of crab rangoon, it is now called krab rangoon following the health inspector's instruction" ( see entire response below).

And Tan's Chinese Restaurant on Poinsetta Avenue in Clearwater Beach was cited by inspectors on April 13, 2011 for advertising on their menu "No MSG." But inspectors found a big pan of MSG sitting right next to the grill.

Cindy Feng, the manager at Tan's Chinese did not want to go on camera but admitted to me over the phone, she does have MSG in her kitchen but says it's only for her employees to consume. She says the restaurant does not put it in any customer meals.

But patrons like Kremer think restaurants need to be honest on their menus and disciplined by the state if they don't comply.

"It's false advertising! And when you're involving people's health, its wrong," Kremer said.

More:  Entire list of restaurants cited for misleading statements

Scroll down :  Entire response from ZhenZhen Zheng, cousin of Happi Wok owner

Entire response from Marek Pietryniak of Pierogi & Grill

Dear Wendy:

At Pierogi & Grill we do serve homemade pierogies daily to our customers. Since our customers enjoy them so much, sometimes we cannot keep up with the orders and for the reserve we serve pierogies from one of our suppliers.

These pierogies are also made by hand and not by a machine. Our customers love our pierogies and 100's of them are served daily. As of today, during the last five years, we never had any complains as to the quality and/or taste of the product.

Some local supermarkets, for example, Sweetbay, offer factory made pierogies but they will never taste the same as our pierogies do. They look completely different and taste with no comparison...

The allegations brought to our attention by the Health Department that we are misleading our customers are false. Our pierogies are made by hand, the same way there were made for centuries at Polish homes. We stand behind our product, its quality, and we are ready to pursue with civil litigation against Heath Department who made statements without knowledge and/or proper investigation.

Marek Pietryniak

****************END response from Marek Pietryniak of Pierogi & Grill

Here: Entire response from ZhenZhen Zheng, cousin of Happi Wok owner

Dear Wendy and fellow T.V Viewers,

“I am responding to your inquiry of the critical violation due to misleading appetizer name from
Happi Wok’s menu. The status of the situation is the menu has been changed one month ago.
Instead of Crab Rangoon, it is now called Krab Rangoon following the health inspector’s
instruction. The reason the owner was fined was because the health inspector gave them a
warning in December, however, due to language barrier and common practice of using Crag
Rangoon as the name in the U.S by most Chinese restaurant, the owner did not acknowledge
how serious the situation was. As result, the owner simply used her pen and changed the letter
from C to K on the menu used on the counter. After

realizing it was a serious matter, she
immediately changed the menu entirely. The restaurant started using the new menu one
month ago.”
So, what do us really know about Crab Rangoon. According to the Wikipedia online: (although not 100% reliable for news purpose, it is what average American use regularly as source of information) Crab rangoon are deep-fried dumplings served in American Chinese, and more recently, Thai restaurants, stuffed with a combination of cream cheese, lightly flaked crab meat (more commonly, canned crab meat or imitation crab meat), with scallions and/or garlic. These fillings are then wrapped in Chinese wonton wrappers in a triangular or flower shape, then deep fried in vegetable oil. So, it is a common knowledge imitation crab meat will be used in a Crab Rangoon.
Well, isn’t it misleading to use the name Crab Rangoon because then people will believe it has real crab in it? First of all, the menu does not tell customers it has real crab in it. So it came down to intent, did the Chinese restaurant owners intend to use Crab Rangoon to mislead customer to believe it has crab in it? Not if the name is used by thousands of Chinese restaurant across the country and accepted by customers for decades. (This answer can be validated by surveying customers or calling any Chinese restaurant in your hometown.)
If a name is so commonly used and adopted, it is to my understanding acceptable. An apple is a fruit but is also a computer. Klennex is not a word but everyone knows it is referring to tissues. Crab is a kind of seafood but is also used as a name to call a food or a character. Just because Crab Rangoon is not a trade mark, doesn’t mean people take it literally. My point is if a word or item name is used regularly and widely enough, it becomes a noun, no longer an adjective.
Well, in the Chinese culture, it is common practice to use extravagant name to highlight a dish. For example, if we go to a Chinese restaurant, sometimes there’re dishes called Dragon meet Phoenix, Golden Buddha and …, no customer in his right mind expects to eat a Dragon or Phoenix for under $20, if they even exist. This is to again emphasize the expectations customer has when they look at a Chinese menu.
Taco Bell was sued for not selling 100% beef, even though it is called beef tacos. They were sued and settled outside of the court; however, they still do not use 100% beef in their tacos. They’re still using the name beef taco and just because they‘re a large corporation and have a great legal team, does that make it right for us to consume “who knows what”! By the way, their solution was to put small prints under their television advertisement but no change to menu. Does one really know what’s in a Chicken nugget, I know I’m sure it is not 100% chicken, but McDonald still calls it Chicken Nugget. It might not be 100% politically correct to use imitation crab in a Crab Rangoon, but I’m far grateful at least I eat imitation crab. As for some other fast food restaurant, I really have no idea what I’m eating. My advice is to stop picking on the less resourceful, hard working and honest small business owners for miniscule things and focus on the bigger picture of United States or Tampa Florida, whichever one you like better.
Sincerely:

ZhenZhen Zheng
(Happi Wok Owner’s cousin, because the owner doesn’t speak English fluently)
(The daughter, niece, cousin-in-law, employee and closed friends of Chinese restaurant owners in New Jersey, New York, Georgia, Florida, Tennessee, North Carolina, Ohio , South Carolina and more)

07/13/2011
P.S: Excuse me for the grammar errors, I hate proof reading.
********************* END response from ZhenZhen Zheng, cousin of Happi Wok owner

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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