McDonald’s, Wendy’s win federal lawsuit over burger size advertising

Fast-food giants Wendy’s and McDonald’s have defeated a federal lawsuit filed against them after a New York judge dismissed the case accusing the chains of falsely advertising the size of their hamburgers. 

U.S. District Judge Hector Gonzalez said in a Brooklyn courtroom that there wasn’t sufficient evidence to charge the companies with selling smaller-than-advertised burgers to customers. 

Justin Chimienti, a plaintiff in the case, claimed advertisements from McDonald’s for its Big Mac burger, and ads for Wendy’s Bourbon Bacon Cheeseburger — which he purchased — featured images of burgers with patties that appeared larger compared to the burgers he was sold. 

Chimienti claimed that advertisements for burgers from McDonald’s and Wendy’s showed undercooked beef patties which appeared larger because the meat wasn’t cooked, which would cause it to shrink in size. 

Court documents claimed that a food stylist said images of fully-cooked burgers appear  “less appetizing.”

Judge Gonzalez said in his ruling that advertisements are considered “puffery,” and said Chimienti failed to prove that a reasonable customer would be misled by the advertisements. 

New York attorney James Kelly has recently filed multiple false advertising lawsuits against fast food companies, the Associated Press reported. 

A federal judge in Florida would not dismiss a class action lawsuit filed by Kelly against Burger King which claimed that the company released advertisements which exaggerated the amount of meat contained in the Whopper burger. He has also filed lawsuits against Arby’s and Taco Bell.