Stories

Lawsuit Claims Wendy’s And McDonald’s Burger Ads Mislead Customers On Patty Sizes

ADVERTISEMENT

A resident of New York and other closely located residents demanded a jury trial for fast food restaurants, Wendy’s, and McDonald’s with the complaints that their burger ads exaggerate the sizes of the patties. Attorneys Anthony J. Russo and James C. Kelly represents Justin Chimienti and others. Similarly, an allegation was made against Burger King in March.

One of the representing Attorneys, James Kelly told FOX Business that “there is no good reason why Wendy’s and McDonald’s should be allowed to use trickery in their advertising”. Both attorneys also sent a copy of the filing to the news outlet after its submission to the United States District Court for The Eastern District Of New York on May 17.

ADVERTISEMENT

Deceptive Ads?

Wendy’s / Instagram

The complaints referenced food reviews on YouTube and publications that showed the discrepancy between the advertisement’s patty sizes, and the patties served to customers. Moreover, this has spurred social media protests.

ADVERTISEMENT

RELATED: One Reddit User Found A 60-Year-Old McDonald’s Meal In His Wall

One of the citings is a 2014 interview of a food stylist and ex-worker of both Wendy’s and McDonald’s. She had the interview with Money Talks News, a personal finance website. In the video interview, the stylist works with “a simple burger purchased from a grocery store” and claims to undercook her burger patties so it appears fuller and bigger. The class action complaint alleged that Wendy’s and McDonald’s burger patties appear “approximately 15-20% larger” in their ads, compared to their real servings, meanwhile meat is supposed to shrink by 25% when cooked.

Wendy’s and McDonald’s Burgers

Photo by Sparks Reliance on Unsplash

Wendy’s Bourbon cheeseburger was named for exaggerated ad depictions of patty size and topping amount. Other Wendy’s burgers in the complaint include the Big Bacon Cheddar Cheeseburger, the Big Bacon Cheddar Cheeseburger Double, the Big Bacon Cheddar Cheeseburger Triple, the Bourbon Bacon Cheeseburger Double, e.t.c.

The McDonald’s complaint alleges that their ads overstate the size of their beef patties in almost every menu item, specifically mentioning that they show “the beef extending all the way to the edge of the bun”, but in real servings “the patties come nowhere near the edge of the bun.” The complaint names the Big Mac, the Quarter Pounder, the McDouble, the Cheeseburger, the Double Cheeseburger, and the Hamburger.

Consumers need to be protected from deceptive ads

Photo by Hamza NOUASRIA on Unsplash

Attorney Kelly told FOX Business that consumers need to be protected from materially deceptive advertisements, as they cause consumers to feel disappointed and cheated after getting high expectations from the ads. “We hope that through these class actions, these iconic companies will recognize the unfairness of their advertising and make positive changes”, Kelly wrote to FOX Business.

“Defendants advertise larger portions of food to steer consumers to their restaurants for their meals and away from competitors that more fairly advertise the size of their burgers and menu items, unfairly diverting millions of dollars in sales that would have gone to competitors,” the complaint further states.

With the complaint pointing out how concerning it is that the marketing tactic of exaggerating food portions is being used “now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially”, there is a demand for monetary damages, injunctive relief, and any other relief that the court finds appropriate as a correction to the overstated ads.

RELATED: McDonald’s Employees Share ‘Least Ordered’ Menu Item

Show comments
Share
Published by

Recent Posts

Rare, High-Value Motown Record Found In Small Detroit County

On a recent episode of The Daily J podcast, Denise Zieja from Melodies & Memories…

2 hours ago

The Iceberg That Sank The Titanic May Be Shown In Newly Surfaced Photo From 1912

The infamous Titanic sinking was caused by an iceberg obstructing the ship’s way on April…

3 hours ago

Sharon Osbourne’s Rarely Seen Eldest Daughter Claims She Lived Through ‘Dark Environments’ As A Child

More than 20 years ago, Sharon and Ozzy, Osbourne thrust their family into the public…

4 hours ago

Michael Douglas Talks About Recent Change In His Appearance

During a recent appearance on The Kelly Clarkson Show, Michael Douglas made a shocking revelation…

5 hours ago

Candace Cameron Bure Stuns On The Red Carpet In White Mini Dress With Sheer Lace Skirt

At the Nashville premiere of her new movie Unsung Hero, Candace Cameron Bure showed up…

6 hours ago

John Travolta Joined By Daughter Ella For ‘Pulp Fiction’ 30th Anniversary Screening

John Travolta is celebrating the 30th anniversary of Pulp Fiction, and for the big milestone,…

6 hours ago