Fast-food commercials do everything they can to bring in customers, even if that means enhancing the appearance of a cheeseburger to make it look bigger and more appetizing.
The strategy has been going on for years, but recently, a man from New York was tired of being deceived by the fast-food chains and is taking legal action against them.
Justin Chimienti sued McDonald's and Wendy's on Tuesday for "false and misleading advertising" that made their burgers look much bigger than they are in real life.
The lawsuit was filed in U.S. District Court for the Eastern District of New York, according to The Washington Post. The same three law firms involved in this lawsuit are the same that are involved in a similar one filed in March against Burger King in Miami, according to Reuters.
"[Wendy's and McDonald's] advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what is being promised," the complaint says.
The complaint noted that the burgers shrink by 25% when they are cooked, and Chimienti pointed how how McDonald's and Wendy's use undercooked burgers in their ads to make them look bigger.
His claim was backed up by a food stylist in the complaint, who said they do use undercooked burgers because "that ensures a big, plump patty, whereas fully cooked burgers tend to shrink and look less appetizing," according to the lawsuit. The food stylist also said she has worked for both fast-food companies.
Chimienti also said that Wendy's makes it appear in advertisements that customers will get a burger with tons of toppings on it, but that isn't accurate. Wendy's claims to have "large burgers compared to competitors and containing thick and juicy beef patties stuffed with toppings," the complaint said. While McDonald's "also materially overstates the size of its beef patties using the same deceptive practice as Wendy’s," the lawsuit claims.
With inflation continuing to rise in the United States, prices of nearly every product has gone up, even items at fast-food chains. The lawsuit addressed the concerns of customers who are struggling financially and paying more for something that is different from what they think they'll get.
"Defendants' actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially," the complaint said.
The lawsuit is seeking compensatory and punitive damages for alleged violations of consumer protection laws. Attorney James C. Kelly is representing Chimienti and told FOX Business in an email that they believe McDonald's and Wendy's shouldn't be allowed to lie to customers about their burgers.
"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. "We hope that through these class actions, these iconic companies will recognize the unfairness of their advertising and make positive changes."
There are 19 different burger options from Wendy's named in the lawsuit, including the Baconator, Bourbon Bacon Cheeseburger, and all of the Dave's burger sizes. While there were six burgers from McDonald's named, including the Big Mac and Quarter Pounder.
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