McDonald’s and Wendy’s won a lawsuit accusing them of exaggerating the size of their hamburgers after a judge ruled the ads were “no different” from those used by other companies.
- Federal judge rules that McDonald’s and Wendy’s do not use misleading advertising
- He ruled that the use of the images by the two channels was “no different from that of other companies”.
- The lawsuit was one of a handful accusing fast food chains of misleading consumers.
McDonald’s and Wendy’s have won a lawsuit accusing them of misleading hungry diners by exaggerating the size of their burgers.
In a ruling issued Saturday, U.S. District Judge Hector Gonzalez in Brooklyn found no evidence that fast-food chains were delivering burgers smaller than advertised.
It 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 that he purchased.
Chimienti, a resident of Suffolk County on Long Island, said McDonald’s and Wendy’s advertisements show undercooked beef patties because the meat shrinks by 25 percent when cooked.
McDonald’s and Wendy’s have won a lawsuit accusing them of misleading hungry diners by exaggerating the size of their burgers. Pictured: a McDonald’s advertisement
U.S. District Judge Hector Gonzalez in Brooklyn found no evidence that the two fast-food chains delivered burgers smaller than advertised.
The complaint cited 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 inflated the amount of toppings it used.
In a 19-page ruling, Gonzalez said the chains’ efforts to make their burgers palatable were “no different from other companies’ use of visually appealing images to foster positive associations with their products.”
He said McDonald’s and Wendy’s were not legally required to sell hamburgers by advertising them and that their websites provided “clear and objective information” about the weight and caloric content of hamburgers.
Gonzalez also said it was not misleading to describe fewer toppings than the plaintiff’s “personally preferred amount.”
Chimienti’s lawyers did not immediately respond Monday to requests for comment.
McDonald’s, Wendy’s and their lawyers did not immediately respond to similar requests.
The complaint cited 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 ruled that Burger King must defend itself against a similar lawsuit over how it depicts Whopper sandwiches on store menus. Pictures is a Whopper Burger 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 ruled that Burger King must defend itself against a similar lawsuit over how it depicts Whopper sandwiches on store menus. It rejected claims based on advertisements.
Taco Bell is defending itself against a lawsuit in Brooklyn court, claiming it sold Crunchwraps and Mexican pizzas with half as many toppings as advertised.
The lawsuit seeks at least $5 million for Taco Bell customers who purchased the items in New York state over the past three years.
Ben Michael, a criminal defense attorney in Austin, Texas, said the recent wave of inflation could have prompted companies to cut costs by reducing portion sizes.
“Unfortunately, many companies are making these changes without consulting their marketing department or updating their menus to reflect the new portion sizes and ingredients,” he said. CBS.
“That leaves them exposed to the type of lawsuits that we’re seeing more and more of.”
