Have you ever seen a fast food commercial that made their food look so delectable that you wanted to go out and buy it right at that second? Well a New York man felt the same, but was highly disappointed when his food from Wendy’s and McDonald’s looked nothing like he’d hoped.
A class action lawsuit was filed in New York, by a customer named Justin Chimienti. He believes that the two fast food giants should pay him and others that bought certain sandwiches based on their print and video ads.
The lawsuit states, “Wendy’s materially overstates the amount of toppings and the size of the beef patties for nearly every menu item in its current advertisements,”. It also says that, Wendy’s only sears each side of a beef patty for advertisement. They say the meat on 16 different sandwiches appear 15%-20% larger than those sold in their stores, the suit contends.
Chimeienti says that ALL of McDonald’s burgers on their menu are falsely advertised. “McDonald’s also materially overstates the size of its beef patties using the same deceptive practice as Wendy’s,” he says.
A food stylist named Ellie Stern for McDonald’s said in an interview with MoneyTalksNews she uses the undercooked meat to make the food look more appealing for photo shoots. “In general, meat shrinks 25% when cooked, depending upon the amount of fat and liquid contained in the meat,” Chimeienti says.
The lawsuit says both fast food chains are guilty of breach of contract, negligent misrepresentation, unjust enrichment, and violation of New York’s consumer protection law. Not only do the plaintiffs want compensation for all customers, they want injunction requiring the chains to change or discontinue overstated advertising. The plaintiffs are also asking the court to make the companies to give up revenues earned through the allegedly offending ads.
WebCelebDaily reached out to a representative for both companies, and are awaiting an official response.
