A lawsuit accusing Wendy’s and McDonald’s of misleading advertising has been won by the fast food restaurants.
A federal judge dismissed a case filed against the two businesses on the grounds that they were serving hamburgers that were smaller than what was advertised and that the food did not appear as appealing in person as it did on their websites.
In a 2022 lawsuit, the plaintiff claimed that Wendy’s and McDonald’s were using undercooked patties in their advertisements because “fully cooked burgers tend to shrink and look less appetizing” and that their consumers were being harmed because “they are receiving food that is much less fresh as a result.”
According to US District Judge Hector Gonzalez, Wendy’s and McDonald’s food advertisements “are no different than other companies’ use of visually appealing images to foster positive associations with their products.” He said that the restaurants’ websites had “prominent” warnings that provided “objective information about the weight and caloric content of those meals.”
The complaints state that the advertisements are “unfair and financially damaging to consumers as they are receiving food that is much lower in value than what is being promised”.
Target Lawsuits
According to US District Judge Hector Gonzalez, Wendy’s and McDonald’s food advertisements “are no different than other companies’ use of visually appealing images to foster positive associations with their products.” He said that the restaurants’ websites had “prominent” warnings that provided “objective information about the weight and caloric content of those meals.”
Recent lawsuits suggest that popular fast food restaurants including Burger King, Arby’s, and Taco Bell are misrepresenting food in their marketing. The efforts of a small group of attorneys who claim that food in advertisements appears more abundant than what customers really receive have mostly been responsible for the increase.
“It’s looking a little sad… not like the picture,” one YouTube reviewer, cited in the lawsuit, said of Wendy’s Bourbon Bacon Cheeseburger.
“It’s going to be a small burger folks. I am just telling you straight up what to expect so you won’t be disappointed like me,” said another.
In Response
The fast food restaurants respond by refuting the allegations. For instance, Burger King stated in response to a comparable case that “reasonable consumers viewing food advertising know” that food in advertisements “has been styled to make it look as appetizing as possible.”
