Burger Lawsuit Against Wendy’s and McDonald’s Dismissed by New York Judge
A lawsuit filed against fast-food giants Wendy’s and McDonald’s, which alleged that customers are deceived into thinking the hamburgers they serve look as good as they do in commercials, has been dismissed by a New York judge. The class-action lawsuit, brought by plaintiff Justin Chimienti and his lawyers James Kelly, Anthony Russo, and Mark Anthony Panzavecchia, was dismissed by New York federal judge Hector Gonzalez on September 30.
The lawsuit claimed that the patties in advertisements are undercooked to prevent them from shrinking and that the toppings are more generous in ads compared to what is actually sold. However, Judge Gonzalez ruled that Chimienti failed to prove he ever saw the advertisements and even if he had, he did not demonstrate that they were significantly misleading according to the reasonable consumer test used in consumer deception class actions. The judge determined that much of the advertising imagery is merely puffery, a form of exaggerated or subjective claims that are considered immaterial as a matter of law.
Gonzalez pointed out in his ruling that efforts by companies to present appealing images of their products are common practice to create positive associations, and this applies to the fast-food industry as well. He stated that the size of the burgers depicted in advertisements may be an objective fact, but a reasonable consumer would not be misled. The ruling highlighted that the plaintiff did not argue that the advertisements featured more meat than what is served in stores, but instead alleged that an identical amount of uncooked meat was used, creating a misleading impression about the size of the meals.
While the lawsuit against Wendy’s and McDonald’s has been dismissed, it raises interesting questions about the portrayal of food in advertising and the expectations of consumers. The ruling emphasizes that companies use visual appeal to market their products, and consumer understanding is crucial in determining whether or not advertisements are misleading. The case also serves as a reminder that advertisements often strive to generate positive associations with products and may not always reflect the exact reality.
