McDonald’s and Wendy’s WIN lawsuit accusing them of exaggerating the size of their burgers as judge rules ads were ‘no different’ to those used by other companies
- A federal judge ruled that McDonald’s and Wendy’s do not use deceptive ads
- He ruled the two chains’ use of imagery was ‘no different than other companies’
- The suit was one of a handful accusing fast food chains of misleading consumers
McDonald’s and Wendy’s have defeated a lawsuit accusing them of deceiving hungry diners by exaggerating the size of their burgers.
In a decision on Saturday, US District Judge Hector Gonzalez in Brooklyn found no proof that the fast-food chains delivered smaller burgers than advertised.
He also ruled that there was no proof plaintiff Justin Chimienti had even seen ads for the McDonald’s Big Mac and Wendy’s Bourbon Bacon Cheeseburger he bought.
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 defeated a lawsuit accusing them of deceiving hungry diners by exaggerating the size of their burgers. Pictured: A McDonald’s ad
US District Judge Hector Gonzalez in Brooklyn found no proof that the two fast-food chains delivered 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 Wendy’s inflated the amount of toppings it uses.
In a 19-page decision, Gonzalez said the chains’ efforts to made their burgers look appetizing was ‘no different than other companies’ use of visually appealing images to foster positive associations with their products.’
He said McDonald’s and Wendy’s were not legally obligated to sell burgers by advertising them, and that their websites provided ‘prominent, objective information’ about the burgers’ weight and caloric content.
Gonzalez also said it is not misleading to depict fewer toppings than the plaintiff’s ‘personally preferred amount.’
Lawyers for Chimienti did not immediately respond on Monday to requests for comment.
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 against a similar lawsuit over how it depicts Whopper sandwiches on in-store menu boards. Pictures is a Whopper hamburger April, 2022
The suit was one of several false advertising lawsuits filed recently against fast food companies by New York attorney James Kelly.
On August 29, a federal judge in Miami said Burger King must defend against a similar lawsuit over how it depicts Whopper sandwiches on in-store menu boards. He dismissed claims based on ads.
Taco Bell is defending against a lawsuit in the Brooklyn court claiming 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 bought the items in New York state in the last three years.
Ben Michael, a criminal defense attorney in Austin, Texas, said the recent wave of inflation may have tempted companies to cut corners by cutting portion sizes.
‘Unfortunately, many businesses make these changes without consulting their marketing department or updating their menus to represent new portion sizes and ingredients,’ he told CBS.
‘This leaves them open to the kinds of lawsuits we’ve been seeing more of.’
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