A federal judge dismissed a false advertising lawsuit brought against McDonald’s and Wendy’s alleging they misrepresented the size of their burgers, Reuters reported Monday.
U.S. District Judge Hector Gonzalez ruled against plaintiff Justin Chimienti, saying he found no evidence that either fast food megalith delivered undersized burgers, according to Reuters.
Chimienti’s class action suit alleged Wendy’s “materially overstates the amount of toppings on the Bourbon Bacon Cheeseburger and materially overstates the thickness of the beef patty contained therein.”
He quotes a food stylist who he says admitted to deceiving customers. “Food stylist Ellie Stern says she prefers to use burgers that are undercooked in photos,” the lawsuit alleges. “That ensures a big, plump patty, whereas fully cooked burgers tend to shrink and look less appetizing,” the lawsuit says, citing an interview with Stern. (RELATED: ‘Over A Penny’: Video Shows Man Allegedly Splashing Hot Coffee On McDonald’s Manager In Drive-Thru)
Despite his lawsuit being filled with pages of sad-looking tiny burgers side by side with their robust advertising counterparts, Chimienti lost, with Judge Hector Gonzalez ruling the ads to be “puffery,” according to The Associated Press (AP).
Judge Gonzalez claimed the ads “are no different than other companies’ use of visually appealing images to foster positive associations with their products,” according to Reuters.
Burger King is facing a lawsuit that accuses the company of making its Whopper appear larger in advertisements than it actually is. pic.twitter.com/gDjVNThOYH
— BoreCure (@CureBore) August 29, 2023
The dismissal juxtaposes another recent ruling in which a South Florida judge rejected Burger King’s request to dismiss a lawsuit against the fast food giant claiming its Whopper burgers are smaller than advertised.