Law Suites Filed Against Wendys Not Real Beef

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Where's the beef? McDonald'southward, Wendy'south hit with 'deceptive ads' lawsuit

Alexis Keenan

A new federal lawsuit from a McDonald's (MCD) and Wendy'due south (WEN) client claims the two fast food chains are falsely advertising the size of their beef patties and sandwich toppings.

In a proposed class action filed in New York, a customer named Justin Chimienti says the two fast food giants should compensate him and others who bought certain sandwiches based on their print and video ads. The lawsuit comes later Burger King got hitting with similar claims last month by the same attorney.

"Wendy's materially overstates the amount of toppings and the size of the beef patties for virtually every bill of fare item in its current advertisements," the lawsuit states.

Wendy'southward misleads consumers through ads featuring undercooked patties that make the meat on 16 dissimilar sandwiches announced xv%-20% larger than those sold in their stores, the suit contends.

Wendy's bourbon bacon cheeseburger, advertised versus real life. Image: Complaint
Wendy'due south bourbon salary cheeseburger, advertised versus existent life. Paradigm: Complaint

"McDonald'due south as well materially overstates the size of its beef patties using the same deceptive practice as Wendy'southward," Chimeienti goes on to merits.

Nearly every item on its menu, including its cheeseburgers and hamburgers, the Big Mac, Quarter Pounder, and McDouble, are falsely advertised, he says.

McDonald's cheeseburger advertised versus real life. Image: Complaint
McDonald'south cheeseburger advertised versus real life. Image: Complaint

To eternalize the allegations, the lawsuit mentions nutrient stylist, Ellie Stern, whose clients include McDonald's and Wendy'southward. Stern said in an interview with MoneyTalksNews that she uses the undercooked method to prepare sandwiches for photo shoots.

"In general, meat shrinks 25% when cooked, depending upon the amount of fat and liquid contained in the meat," the plaintiff claims of McDonald'south patties. "McDonald'southward only sears the outside of the patty it uses for its advertisements…to deceive customers."

The four-court complaint goes after both bondage for breach of contract, negligent misrepresentation, unjust enrichment, and violation of New York's consumer protection police force.

The plaintiffs are asking for monetary damages for all Wendy's and McDonald's customers allegedly deceived by the companies' ads, as well as an injunction requiring the chains to change or discontinue purportedly overstated ad. The plaintiffs are also asking the courtroom to disgorge the companies of revenues earned through the allegedly offending ads.

A spokesperson for McDonald'southward did not immediately respond to Yahoo Finance's request for comment on the lawsuit. Wendy's likewise did non immediately return a request for comment.

Anthony Russo, a lawyer who filed the similar proposed class action lawsuit filed against Burger King final month, Russo told Yahoo Finance that he is awaiting McDonald's and Wendy's responses to the complaint.

Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on Twitter @alexiskweed .

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Source: https://finance.yahoo.com/news/mc-donalds-wendys-hit-with-deceptive-ads-lawsuit-204055760.html

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