Justin Chimenti thought the Big Mac he bought at McDonald’s and the Bourbon Bacon Cheeseburger you bought at Wendy’s it would be as big and juicy as advertised. She says they weren’t, and has sued both chains of fast food.
Chimienti sued McDonald’s and Wendy’s on Tuesday, accusing them of defrauding customers with ads that make hamburgers look bigger of what they really are.
The proposed class action filed in Brooklyn federal court is similar to another lawsuit that was filed in March, by the same three law firms, against Burger King in Miami.
Raw meat in ads
Chimienti said that McDonald’s and Wendy’s they use undercooked meat in the adsmaking the burgers appear 15% to 20% larger than what customers actually get.
The lawsuit states that meat shrinks by 25% when cookedciting a food photographer who said he has worked for McDonald’s and Wendy’s and prefers to use undercooked burgers because fully cooked burgers look “less appetizing.”
Chimienti, who lives in Suffolk County, New York, said both networks exaggerate palpable burger sizes, while Wendy’s also inflates the number of toppings.
Consumer protection
“The actions of the defendants are especially worrisome now that the inflationfood and meat prices are very high and many consumers, especially those with lower incomes, are struggling financially,” the suit said.
McDonald’s and Wendy’s they have not spoken for now about it, despite requests for comment.
The lawsuit seeks unspecified compensatory and punitive damages for alleged contract violations from May 2016 and violations of consumer protection laws throughout the United States.
In an April 28 conference call with analysts, McDonald’s CEO, Chris Kempczinskisaid that the low income consumers they likely faced “increased value sensitivity” as rents and gas prices rise.
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Meanwhile, Wendy’s CEO, Todd Penegortold analysts on May 11 that “inflation is being noticed by consumers.”
Burger Kingpart of Restaurant Brands International Inc, has not yet formally responded to Miami’s lawsuit.
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Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.