Justin Chimenti picked up a Big Mac from McDonald’s and a Bourbon Bacon Cheeseburger that he says did not live up to the bannered promise. He, and others, say the ads make the burgers look bigger and juicier than what arrives in the wrapper, and they’ve gone so far as to sue both fast-food chains.
Chimenti filed a lawsuit against McDonald’s and Wendy’s after claiming the ads deceive customers about the actual size and quality of the burgers. The suit argues the marketing campaigns exaggerate the product to lure diners with images that appear more substantial than the real meals.
The proposed class action was lodged in federal court in Brooklyn and mirrors a similar suit brought by the same three law firms against Burger King in Miami earlier in the year.
Raw meat in commercials
The plaintiffs say the advertising for McDonald’s and Wendy’s uses undercooked meat or styling that makes the burgers appear 15% to 20% larger than what customers receive. They contend the promotional shots distort the actual product, and that some shots show ingredients in quantities not typical of the eaten item.
According to the complaint, the meat weight contracts by about a quarter when cooked, and a food photographer connected to the campaigns has described a preference for rarer burgers because fully cooked patties look less appetizing on screen.
Chimenti, a Suffolk County, New York resident, asserts that the visuals and captions tend to inflate burger sizes and ingredients. Wendy’s is also accused of exaggerating the number of components in its sandwiches.
consumer protection
The plaintiffs argue the actions of the brands are troubling, particularly as inflation squeezes household budgets and food prices rise. They claim the misleading advertising undermines consumer trust at a time when many families are adjusting spending. McDonald’s and Wendy’s have not issued formal comments on the lawsuit to date.
The complaint seeks unspecified compensatory and punitive damages, alleging breaches of contract and violations of federal and state consumer protection statutes dating back to May 2016. The case could have wide implications for how fast-food marketing is evaluated under consumer protection laws across the United States.
During a recent conference call with market analysts, McDonald’s CEO Chris Kempczinski noted that low-income customers may feel heightened sensitivity to price and value as rents and gas prices rise. Wendy’s CEO Todd Penegor, addressing analysts a few weeks later, highlighted that inflation has been noticeable to consumers and could influence purchasing choices.
Restaurant Brands International Inc., which owns Burger King, has yet to offer a formal response to the Miami suit, and there has been no public ruling on these claims as the legal proceedings unfold. The ongoing cases may shape how executives and advertisers approach visual branding, product sizing, and the depiction of food in promotional materials across major fast-food chains.
At the heart of the matter is whether promotional imagery and phrasing align with the actual dining experience, and how closely courts will scrutinize marketing conventions in the era of rapid digital advertising and consumer scrutiny. The suits emphasize the balance between artistic presentation and factual representation, urging brands to ensure that marketing accurately reflects the consumer experience. These cases also underscore the tension between perceived value, real-world product size, and the evolving expectations of a price-conscious public. [Source: civil complaint, claim records, and statements provided to the press as part of the litigation briefing].