Current:Home > MyMcDonald's and Wendy's false burger advertising lawsuits tossed -Wealth Pursuit Network
McDonald's and Wendy's false burger advertising lawsuits tossed
View
Date:2025-04-12 09:29:21
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! (9739)
Related
- Tree trimmer dead after getting caught in wood chipper at Florida town hall
- France is bitten by a fear of bedbugs as it prepares to host Summer Olympics
- New York Giants OL Evan Neal shoos 'fair-weather' fans: 'A lot of fans are bandwagoners'
- Suspected getaway driver planned fatal Des Moines high school shooting, prosecutor says
- Realtor group picks top 10 housing hot spots for 2025: Did your city make the list?
- A truck that ruined a bridge over an Atlanta interstate was overloaded, inspection finds
- A German far-right party leader has been taken to a hospital from an election rally
- Future of Ohio’s education system is unclear after judge extends restraining order on K-12 overhaul
- Alex Murdaugh’s murder appeal cites biased clerk and prejudicial evidence
- Maren Morris Reveals the Real Reason She Left Country Music
Ranking
- New Mexico governor seeks funding to recycle fracking water, expand preschool, treat mental health
- Georgia election case defendant wants charges dropped due to alleged paperwork error
- Dear Life Kit: Your most petty social dilemmas, answered
- Sofía Vergara Proves Less Is More With Glamorous Makeup-Free Selfie
- A South Texas lawmaker’s 15
- Khloe Kardashian Addresses Tristan Thompson’s “Traumatic” Scandal After He Calls Her His “Person”
- Raleigh mass shooting suspect faces 5 murder charges as his case moves to adult court
- EV battery manufacturing energizes southern communities in Battery Belt
Recommendation
What do we know about the mysterious drones reported flying over New Jersey?
A Nepal town imposes a lockdown and beefs up security to prevent clashes between Hindus and Muslims
Stealing the show: Acuña leads speedsters seeking October impact in pitch clock era
Raleigh mass shooting suspect faces 5 murder charges as his case moves to adult court
Senate begins final push to expand Social Security benefits for millions of people
Nearly 80% of Italians say they are Catholic. But few regularly go to church
Biden administration waives 26 federal laws to allow border wall construction in South Texas
Biden admin is forgiving $9 billion in debt for 125,000 Americans. Here's who they are.