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Wendy's, McDonald's Sued for Allegedly Misrepresenting Burger Patty Size

The complaint cites numerous burgers from each chain, including the Wendy's Bourbon Bacon Cheeseburger and McDonald's Big Mac.


Wendy's and McDonald's burger buyers want bigger patties on their buns — and they're going to court to demand it, Fox Business reports. Attorneys Anthony J. Russo and James C. Kelly sent the outlet a copy of the 35-page class-action complaint, reminiscent of similar claims brought against Burger King just 50 days ago.

The complaint, which was submitted to the United States District Court For The Eastern District Of New York, on Tuesday, May 17, states that New York resident Justin Chimienti and "similar individuals" believe that the two fast-food giants are falsely advertising their burgers — and request a jury trial to set things straight.

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In addition to citing item-size inconsistencies brought to light via YouTube and lifestyle publications and outraged public posts on social media, the complaint notes a 2014 video with personal-finance news site Money Talks News, in which a food stylist who's worked with Wendy's and McDonald's, per her online portfolio, reveals how to make burger patties look thicker by undercooking them.

"There is no good reason why Wendy's and McDonald's should be allowed to use trickery in their advertising," Kelly wrote in an email to Fox Business. "We hope that through these class actions, these iconic companies will recognize the unfairness of their advertising and make positive changes."

The complaint cites numerous burgers from each chain, including the Wendy's Bourbon Bacon Cheeseburger and McDonald's Big Mac, as evidence of the misrepresentation, stating they appear "approximately 25% larger in ads" when compared to their real-life counterparts, and, in the case of McDonald's cheeseburgers, the real-life patty "comes nowhere near the edge of the bun" despite ads that demonstrate otherwise.

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According to the complaint, the alleged misrepresentation is "especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially."

Plaintiffs are requesting monetary damages, corrections to the overstated ads and any additional relief the court finds "necessary and appropriate."

Wendys Co is down nearly 16% month over month while McDonald's Corp is down nearly 7% for that same period.

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