50% Off! Beat the market in 2025 with InvestingProCLAIM SALE

McDonald's, Wendy's defeat lawsuit over size of burgers

Published 10/02/2023, 11:34 AM
Updated 10/02/2023, 11:39 AM
© Reuters. FILE PHOTO: The logo for McDonald's restaurant is seen as McDonald's Corp. reports fourth quarter earnings, in Arlington, Virginia, U.S., January 27, 2022.  REUTERS/Joshua Roberts/File Photo
MCD
-
WEN
-

By Jonathan Stempel

NEW YORK (Reuters) - McDonald's (NYSE:MCD) and Wendy's (NASDAQ:WEN) have defeated a lawsuit accusing them of deceiving hungry diners by exaggerating the size of their burgers.

In a decision on Saturday, U.S. District Judge Hector Gonzalez in Brooklyn found no proof that the fast-food chains delivered smaller burgers than advertised, or that the plaintiff Justin Chimienti had even seen ads for the McDonald's Big Mac and Wendy's Bourbon Bacon Cheeseburger he bought.

Chimienti, a resident of Long Island's Suffolk County, said McDonald's and Wendy's ads depicted undercooked beef patties because meat shrinks 25% when cooked.

The complaint quoted a food stylist who said she had worked for McDonald's and Wendy's, and preferred undercooked patties because fully-cooked burgers looked "less appetizing." Chimienti said Wendy's also inflated the amount of toppings it uses.

In a 19-page decision, Gonzalez said the chains' efforts to made their burgers look appetizing was "no different than other companies' use of visually appealing images to foster positive associations with their products."

He said McDonald's and Wendy's were not legally obligated to sell burgers by advertising them, and that their websites provided "prominent, objective information" about the burgers' weight and caloric content.

Gonzalez also said it is not misleading to depict fewer toppings than the plaintiff's "personally preferred amount."

Lawyers for Chimienti did not immediately respond on Monday to requests for comment. McDonald's, Wendy's and their lawyers did not immediately respond to similar requests.

On Aug. 29, a federal judge in Miami said Burger King, a unit of Restaurant Brands International (NYSE:QSR), must defend against a similar lawsuit over how it depicts Whopper sandwiches on in-store menu boards. He dismissed claims based on ads.

© Reuters. FILE PHOTO: The logo for McDonald's restaurant is seen as McDonald's Corp. reports fourth quarter earnings, in Arlington, Virginia, U.S., January 27, 2022.  REUTERS/Joshua Roberts/File Photo

Taco Bell, a unit of Yum Brands, is defending against a lawsuit in the Brooklyn court claiming it sold Crunchwraps and Mexican pizzas that contained half as much filling as advertised.

The case is Chimienti v Wendy's International LLC et al, U.S. District Court, Eastern District of New York, No. 22-02880.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.