Wendy’s, McDonald’s sued over burger size, accused of false advertising

Have you ever gotten really hungry for a burger after seeing an advertisement for the latest fast-food creation, then ended up disappointed because what you got was nothing like the ad?

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If you have, then you’re not alone. Now, Wendy’s and McDonald’s are being sued in a class-action suit alleging that the companies are falsely advertising their burger patties and the toppings that come with them.

The 35-page lawsuit naming Wendy’s and McDonald’s is the second such suit filed within months, as Burger King was accused of the same thing in a separate case, according to NJ.com.

“Wendy’s materially overstates the amount of toppings and the size of the beef patties for nearly every menu item in its current advertisements,” the lawsuit reads.

Justin Chimienti, the plaintiff in the case who filed the complaint, said Wendy’s undercooks their burger patties to make them appear up to 20% larger than those they sell in their restaurants. He accused McDonald’s of doing the same thing.

“[Wendy’s and McDonald’s] advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what is being promised,” the suit reads, according to The Washington Post.

Chimienti cites food stylist Ellie Stern’s 2018 interview that undercooking meat makes it appear larger.

Food stylists have various tricks to make food look better for advertising substituting shaving cream for whipped cream, diluted water for coffee and glue for milk, the Post reported.

Chimienti is seeking monetary damages for all Wendy’s and McDonald’s customers who he said were deceived by the ads. He is also asking the court to require the companies to discontinue deceptive advertising practices, NJ.com reported.

Neither Wendy’s nor McDonald’s responded to the Post’s request for comment.