Wendy’s bourbon bacon cheeseburger, advertised vs real life.

Lawsuit Filed Against McDonald’s and Wendy’s Over Deceptive Ads

A new federal lawsuit from a McDonald’s and Wendy’ customer claims the two fast food chains are falsely advertising the size of their beef patties and sandwich toppings.

In a proposed class action filed in New York, plaintiff Justin Chimienti says he purchased a Wendy’s and McDonald’s menu item based on false and misleading advertising concerning the size of the beef patty and/or the amount of ingredients or toppings contained in these food items.

The lawsuit claims that Wendy’s misleads consumers through ads featuring undercooked patties that make the meat on 16 different sandwiches appear 15%-20% larger than those sold in their stores, the suit contends.

“McDonald’s also materially overstates the size of its beef patties using the same deceptive practice as Wendy’s,” Chimeienti claims. Nearly every item on its menu, including its cheeseburgers and hamburgers, the Big Mac, Quarter Pounder, and McDouble, are falsely advertised, he says.

The lawsuit mentions food stylist, Ellie Stern, whose clients include McDonald’s and Wendy’s. Stern said in an interview with MoneyTalksNews that she uses the undercooked method to prepare sandwiches for photo shoots. “In general, meat shrinks 25% when cooked, depending upon the amount of fat and liquid contained in the meat,” the plaintiff claims of McDonald’s patties. “McDonald’s only sears the outside of the patty it uses for its advertisements…to deceive customers.”

The plaintiffs are asking for monetary damages for all Wendy’s and McDonald’s customers who were deceived by the companies’ ads, as well as an injunction requiring the chains to change or discontinue its deceiving advertising.

The client is represented by Anthony J. Russo, the same lawyer who recently filed a similar lawsuit against Burger King. See the full document here.