McDonald’s, Wendy’s class action over burger size advertising dismissed

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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. 

McDonald’s Wendy’s False Advertisement Burger Size Class Action Overview: 

• Who: A New York burger customer is suing Wendy’s and McDonald’s.
• Why: The plaintiff says both restaurants advertise their burgers as being much thicker and juicier than they are in reality.
• Where: The class action lawsuit was filed in New York federal court. 

Wendy’s and McDonald’s advertise their burgers as containing “thick and juicy beef patties stuffed with toppings” when in fact the burgers are much flatter in reality, a new class action lawsuit alleges. 

Plaintiff Justin Chimienti filed the class action lawsuit against Wendy’s and McDonald’s May 16 in a New York federal court, alleging breach of contract, negligent misrepresentation and violations of state consumer laws. 

According to the class action lawsuit, both fast food chains use false and misleading advertising to deceive consumers into thinking they’ll be getting big and juicy burgers when they order items like McDonald Corp.’s Big Mac or Wendy’s International LLC’s Bourbon Bacon Cheeseburger. 

However, the burgers consumers receive often end up 15% to 20% smaller than advertised, Chimienti alleges. He says this is because the beef patties that the chains use for their advertisements are not fully cooked when they are styled for advertising images. 

“In general, meat shrinks 25% when cooked,” he said, adding that a food stylist for Wendy’s has admitted that she “tricks and deceives customers” by using undercooked patties in burger advertisements.

Chimienti says the practice is unfair and financially damaging to consumers. He says some customers might not have gone to the fast food restaurants, and would not have paid as high a price, if they had known the actual size of the burgers. 

McDonald’s, Wendy’s Class Action Could Represent Thousands Nationwide

According to the false advertising lawsuit, Chimienti bought a Bourbon Bacon Cheeseburger and a Big Bacon Cheddar Cheeseburger at a Wendy’s. He also purchased a Big Mac and a cheeseburger at a McDonald’s.

The allegedly falsely advertised menu items include the Big Bacon Cheddar Cheeseburger, Dave’s Double, the Big Bacon Classic, the Jr. Bacon Cheeseburger and the Double Stack, among a long list of others, Chimienti says.

He’s looking to represent anyone in the United States who purchased an overstated Wendy’s or McDonald’s menu item from May 1, 2016, a class that would include thousands of customers nationwide. He’s also seeking certification of the class action, fees, costs, damages and a jury trial.

In another recent class action lawsuit, consumers accused Burger King of making its burgers look about 35% bigger than they really are in its advertising images.

Have you ordered a menu item from a fast food restaurant that was smaller than advertised? 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 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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