Justin Chimienti had the impression that the Big Mac he purchased from McDonald’s and the Bourbon Bacon Cheeseburger he purchased from Wendy’s would live up to their respective advertising claims of being large and juicy.
He asserts that they were not, and as a result, he has filed a lawsuit against the fast-food businesses.
Chimienti filed a lawsuit against McDonald’s Corporation and Wendy’s Company on Tuesday, accusing both of misleading consumers with advertisements that make burgers seem to be bigger than they really are. Chimienti’s lawsuit names both companies as defendants.
The proposed class action that was submitted to the federal court in Brooklyn is similar to a case that was filed against Burger King Corporation in Miami in March by the same three legal firms.
According to Chimienti, McDonald’s and Wendy’s employ undercooked beef patties in their advertisements, which makes the patties seem 15–20 percent bigger than what consumers really get.
A food stylist was noted in the lawsuit as saying that she has worked at both McDonald’s and Wendy’s and that she likes using uncooked patties since fully cooked burgers appear “less appealing.” The complaint also said that the meat shrinks by 25 percent when it is cooked.
According to Chimienti, who resides in Suffolk County, both businesses “materially” misrepresent the proportions of their burgers, and Wendy’s also inflates the number of toppings that come on their sandwiches.
According to the lawsuit, “Defendants’ acts are particularly troubling today that inflation, food, and meat costs are exceedingly high and many customers, especially consumers with lower incomes, are suffering financially.”
Both McDonald’s and Wendy’s did not react right away to calls for comment on this matter. Chimienti’s attorney did not immediately respond to a request for more information.
The complaint seeks specific compensatory and punitive damages as a result of the allegations of contract breaches dating back to May 2016 as well as violations of consumer protection legislation throughout the country.
Chris Kempczinski, the chief executive officer of McDonald’s, said in a conference call with industry analysts on April 28 that lower-income customers undoubtedly faced “greater value sensitivity” as a result of rising rents and petrol costs.
In the meanwhile, the chief executive officer of Wendy’s, Todd Penegor, said on May 11 to analysts that “inflation is being recognized by the customers.”
The restaurant chain Burger King, which is a subsidiary of Restaurant Brands International Inc., has not yet provided a formal response to the case filed in Miami.
The case is Chimienti v Wendy’s International LLC et al., No. 22-02880 in the United States District Court for the Eastern District of New York.
