McDonald’s and Wendy’s WIN lawsuit accusing them of exaggerating the size of their burgers as judge ruled ads were ‘no different’ from other companies
- A federal judge ruled that McDonald’s and Wendy’s do not use misleading advertising
- He ruled that the use of images by the two chains was ‘no different from that of other companies’
- The lawsuit was one of a few companies accusing fast food chains of misleading consumers
McDonald’s and Wendy’s have dismissed a lawsuit accusing them of misleading hungry diners by exaggerating the size of their burgers.
In a ruling Saturday, U.S. District Judge Hector Gonzalez in Brooklyn found no evidence that the fast-food chains provided smaller burgers than advertised.
He also ruled that there was no evidence that plaintiff Justin Chimienti had even seen advertisements for the McDonald’s Big Mac and Wendy’s Bourbon Bacon Cheeseburger he purchased.
Chimienti, a resident of Long Island’s Suffolk County, said McDonald’s and Wendy’s ads depicted undercooked beef patties because meat shrinks 25 percent when cooked.
McDonald’s and Wendy’s have dismissed a lawsuit accusing them of misleading hungry diners by exaggerating the size of their burgers. In the photo: a McDonald’s advertisement
U.S. District Judge Hector Gonzalez in Brooklyn found no evidence that the two fast-food chains provided smaller burgers than advertised
The complaint quoted a food stylist who said she had worked for McDonald’s and Wendy’s and preferred undercooked patties because fully cooked burgers looked “less appetizing.”
He also claimed that Wendy’s has inflated the amount of toppings it uses.
In a 19-page decision, Gonzalez said the chains’ efforts to make their burgers look appetizing were “no different than other companies’ use of visually appealing images to promote positive associations with their products.”
He said McDonald’s and Wendy’s are not legally required to sell burgers by advertising them, and that their websites provide “prominent, objective information” about the weight and calorific value of the burgers.
Gonzalez also said it is not misleading to depict fewer toppings than the plaintiff’s “personally desired amount.”
Attorneys for Chimienti did not immediately respond to requests for comment Monday.
McDonald’s, Wendy’s and their lawyers did not immediately respond to similar requests.
The complaint quoted a food stylist who said she had worked for McDonald’s and Wendy’s and preferred undercooked patties because fully cooked burgers looked “less appetizing.”
On August 29, a federal judge in Miami said Burger King must defend itself against a similar lawsuit over the way Whopper sandwiches are depicted on its store menu boards. Photos are a Whopper hamburger April 2022
The lawsuit was one of several false advertising lawsuits recently filed against fast food companies by New York attorney James Kelly.
On August 29, a federal judge in Miami said Burger King must defend itself against a similar lawsuit over the way Whopper sandwiches are depicted on its store menu boards. He rejected claims based on advertisements.
Taco Bell is defending itself against a lawsuit in Brooklyn court alleging it sold Crunchwraps and Mexican pizzas that contained half as much filling as advertised.
The lawsuit seeks at least $5 million for Taco Bell customers who purchased the items in New York State within the past three years.
Ben Michael, a criminal defense attorney in Austin, Texas, said the recent wave of inflation may have prompted companies to cut corners by limiting portion sizes.
“Unfortunately, many companies are making these changes without consulting their marketing departments or updating their menus to reflect new portion sizes and ingredients,” he shared. CBS.
“This leaves them open to the kind of lawsuits we’ve seen before.”