Current:Home > FinanceMcDonald's and Wendy's false burger advertising lawsuits tossed -Elevate Capital Network
McDonald's and Wendy's false burger advertising lawsuits tossed
View
Date:2025-04-16 14:17:14
McDonald's and Wendy's are off the hook in the case of a lawsuit that accused the fast food giants of misleading advertisement.
Filed in May 2022 by Justin Chimienti in the Eastern District of New York, the lawsuit accused the rival burger chains of "unfair and deceptive trade practices" for "falsely advertising" the size and look of items on their menus, especially their burgers.
Chimienti claimed that he was disappointed when he ordered a Bourbon Bacon Cheeseburger and Big Bacon Cheddar Cheeseburger from Wendy's and Big Mac and cheeseburger from McDonald's, saying they appeared much smaller and less appetizing in person compared to the images advertised on the menu board.
He claimed that the restaurants use undercooked burger patties in their marketing materials because they "make it appear that they are approximately 15-20% larger than the beef patties that are actually served to customers," as the fully cooked patties "tend to shrink and look less appetizing."
Meat, beans subject of Taco Bell suit:Taco Bell sued over amount of meat, beans in Mexican pizzas, crunch wraps
McDonald's, Wendy's provide objective info, judge rules
According to the lawsuit, this discrepancy between the size of the burgers in ads and when served constitutes misleading advertising, as the quality of the food received is "much lower in value than what is being promised."
The complaint also took an additional jab at Wendy's, saying the company exaggerated the number of toppings included on its burgers.
McDonald's and Wendy's filed motions to dismiss last year, a request granted by US District Judge Hector Gonzalez late last week. The judge determined that the lawsuit "fails adequately to allege that a reasonable customer would likely be misled" by the adverts.
He likewise ruled that images of the food supplied to customers by the chains were "no different than other companies' use of visually appealing images to foster positive associations with their products" and pointed out that the information and disclaimers displayed on the companies' websites were "objective information about the weight and caloric content of those meals."
Burger King faces burger lawsuit:Burger King must face whopper of a lawsuit alleging burgers are too small, says judge
Fast food lawsuits
This lawsuit is the latest in a string of litigation against chain restaurants over their food.
In July, another New York man sued Taco Bell for false advertising, claiming its Mexican Pizza had only about “half of the beef and bean filling that he expected.”
August saw a similar lawsuit accusing Burger King of falsely inflating the size of burgers in its ads, which a judge decided could move forward.
Last month, Starbucks failed in a bid to dismiss a complaint alleging their fruit refresher drinks were missing some of the fruit promised in ads.
And in March, a Chicago man sued Buffalo Wild Wings, saying the company’s “boneless wings” aren’t wings at all but actually cheaper chicken breast tenders.
veryGood! (194)
Related
- Federal appeals court upholds $14.25 million fine against Exxon for pollution in Texas
- Fantasy football trade targets: 10 players to acquire before league trade deadlines
- CFP rankings reaction and Week 11 preview lead College Football Fix podcast
- Michigan deputy credited with saving woman on train tracks
- Oklahoma parole board recommends governor spare the life of man on death row
- Who Is Baby Hippo Haggis? Get to Know the Calf Captivating Edinburgh Zoo Attendees
- Chiefs’ Mahomes practicing as usual 2 days after tweaking his ankle in Monday night win over Bucs
- After months of buildup, news outlets finally have the chance to report on election results
- Whoopi Goldberg is delightfully vile as Miss Hannigan in ‘Annie’ stage return
- Jennifer Lopez Reacts to Estranged Husband Ben Affleck Calling Her Spectacular
Ranking
- What polling shows about Minnesota Gov. Tim Walz, Harris’ new running mate
- These Must-Have Winter Socks Look and Feel Expensive, but Are Only $2
- AP Race Call: Missouri voters approve constitutional amendment enshrining abortion
- See RHOSLC's Heather Gay Awkwardly Derail a Cast Trip She Wasn't Invited on
- Residents in Alaska capital clean up swamped homes after an ice dam burst and unleashed a flood
- 7-year-old's killer gets 60 years to life. He asked for a longer sentence.
- Dak Prescott injury update: Cowboys QB likely headed to IR, to miss at least four games
- College Football Playoff rankings: Full projected bracket reveal for 12-team playoff
Recommendation
Beware of giant spiders: Thousands of tarantulas to emerge in 3 states for mating season
College Football Playoff ranking snubs: Who got slighted during first release?
TGI Fridays bankruptcy: Concerns about nearly $50 million in unused gift cards
Olympic Gymnast Shawn Johnson East Reveals What Led to 8-Year Rift With Nastia Liukin
Clay Aiken's son Parker, 15, makes his TV debut, looks like his father's twin
Jennifer Love Hewitt Says This 90s Trend Is the Perfect Holiday Present and Shares Gift-Giving Hacks
Tori Spelling Awkwardly Reminds Brian Austin Green They Had Sex
Free pizza and a DJ help defrost Montana voters lined up until 4 a.m. in the snow to vote