McDonald's Corp (NYSE:MCD) and The Wendy's Company (NASDAQ:WEN) have come out victorious in a lawsuit which accused the fast food chains of false advertising, claiming the US companies sold smaller and less appetising burgers than the ones depicted in their ads.
Filed back in 2022, the lawsuit and its plaintiff, Justin Chimienti, alleged the chains used undercooked patties in ads, claiming a food stylist who had worked for both companies had said they prefer for the meat to not be fully cooked as it is “less appetising”.
“They are receiving food that is much lower in value than what is being promised,” Chimienti explained as the reason why customers were being harmed by the adverts.
However, US District Judge Hector Gonzalez dismissed the case, stating that Wendy’s and McDonald’s techniques “are no different than other companies’ use of visually appealing images to foster positive associations with their products”.
Gonzalez added that the chains’ websites had “prominent” disclaimers displayed, providing customers with “objective information about the weight and caloric content of those meals".
Burger King Holdings (NYSE:BKC) is facing a similar lawsuit over the size of its Whopper burgers, and although a Miami judge has already given the plaintiffs the go-ahead to sue the fast-food giant, it is likely the McDonald’s ruling may prove indicative of what happens next.
Arby’s and Taco Bell are also facing lawsuits over advertisements, an echo of a wider trend which has seen the number of class actions against food and drink companies soar from 45 in 2010 to 214 in 2022, according to research by the Daily Mail.