McDonald’s, Wendy’s dodge class action over burger size marketing

McDonalds, Wendy’s burger size class action lawsuit overview: 

• Who: A federal judge in New York dismissed a class action lawsuit against McDonald’s and Wendy’s. 
• Why: Plaintiff Justin Chimienti argued McDonald’s and Wendy’s used advertising to allegedly mislead consumers about the size of their beef patties. The judge determined Chimienti did not prove the advertisements injured him. 
• Where: The class action lawsuit was filed in New York federal court. 

A federal judge in New York tossed a class action lawsuit accusing fast food burger chains McDonald’s and Wendy’s of using advertisements to mislead consumers about the actual size of their burger patties. 

U.S. District Judge Hector Gonzalez ruled plaintiff Justin Chimienti failed to prove the advertisements injured him and that they do not “constitute offers to enter into a contract,” Restaurant Business Magazine reports. 

Chimienti argued McDonald’s used advertisements showing undercooked beef to make the patties for a number of its burgers, including its popular Big Mac, appear thicker than they actually are. 

The spurned plaintiff claimed uncooked beef can shrink by as much as 25% once fully cooked, Restaurant Business Magazine reports. 

Chimienti also argued Wendy’s overstated both the thickness of the beef patties and the toppings for its Big Bacon Cheddar Cheeseburger and several of its other burgers, The Takeout reports. 

Plaintiff argues similar case against Burger King set precedent for McDonald’s, Wendy’s claims

Chimienti argued McDonald’s misled consumers about the size of its Big Mac, Quarter Pounder, McDouble, cheeseburger, double cheeseburger and hamburger, The Takeout reports.

Judge Gonzalez’s decision to dismiss Chimienti’s claims reportedly comes only weeks after a federal judge in Florida allowed a similar lawsuit filed against Burger King over the size of the burger patties for its classic Whopper burger to proceed.

Chimienti cited this decision in a letter to Gonzalez, arguing the Burger King case set a precedent, Restaurant Business Magazine reports. 

The judge, however, determined the advertising methods McDonald’s and Wendy’s use are no different than other fast food chains and would only be misleading if they made representations of actual size, The Takeout reports. 

In another case involving McDonald’s, the fast food chain agreed to pay $50 million last year to resolve claims it violated Illinois’ Biometric Information Privacy Act by having workers in the state use their biometric information to login or use the company’s systems. 

Do you believe McDonald’s and Wendy’s misled consumers about the size of its burger patties? Let us know in the comments.

Chimienti is represented by James C. Kelly of The Law Office of James C. Kelly, Anthony J. Russo Jr. of The Russo Firm and Mark Anthony Panzavecchia of Panzavecchia & Associates PLLC.

The Wendy’s and McDonald’s burger size class action lawsuit is Justin Chimienti v. Wendy’s International LLC et al., Case No. 1:22-cv-02880, in the U.S. District Court for the Eastern District of New York.

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