McDonald’s, Wendy’s sued over burger sizes

Justin Chimienti expected his Huge Mac from McDonald’s and his Bourbon Bacon Cheeseburger from Wendy’s to be as big and juicy as they were described.

He claims they were not, and he is now suing fast-food restaurants.

Chimienti filed a lawsuit against McDonald’s Corporation and Wendy’s Corporation on Tuesday, accusing them of deceiving customers by utilizing advertisements that make burgers look larger than they are.

The proposed class action in federal court in Brooklyn is identical to a case filed in Miami by the same three law firms in March against Burger King Corp.

McDonald’s and Wendy’s, according to Chimienti, advertise uncooked beef patties that are 15 percent to 20% bigger than what customers receive.

According to the complaint, beef shrinks by 25% when cooked, and a food stylist who has worked at McDonald’s and Wendy’s says she favors uncooked patties since completely cooked burgers seem “less appealing.”

Both restaurants “materially” misrepresent burger proportions, according to Chimienti, who resides in Suffolk County. Wendy’s also inflates the number of toppings.

“Defendants’ acts are particularly troubling today because inflation, food, and meat costs are quite high, and many customers, particularly low-income consumers, are struggling financially,” the lawsuit stated.

McDonald’s and Wendy’s did not reply to demands for comment right away. Chimienti’s lawyer did not respond to a request for comment.

The complaint seeks unspecified compensatory and punitive penalties for alleged contract breaches and infringement of consumer protection legislation across the country since May 2016.

In a conference call with investors on April 28, McDonald’s Chief Executive Chris Kempczinski noted that when rents and gas prices rise, lower-income consumers will likely experience “greater value sensitivity.”

Meanwhile, on May 11, Wendy’s CEO Todd Penegor told investors that “consumers are noticing inflation.”

Burger King, which is owned by Restaurant Brands International Inc, has yet to reply to the complaint filed in Miami.

Chimienti v Wendy’s International LLC et al, No. 22-02880, U.S. District Court, Eastern District of New York.

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