Where’s the beef? McDonald’s, Wendy’s are sued over burger sizes

By Jonathan Stempel

NEW YORK (Reuters) – Justin Chimienti thought the Massive Mac he purchased at McDonald’s and the Bourbon Bacon Cheeseburger he purchased at Wendy’s can be as massive and juicy as marketed.

He says they weren’t, and now he’s suing the fast-food chains.

Chimienti sued McDonald’s Corp and Wendy’s Co on Tuesday, accusing them of defrauding clients with adverts that make burgers seem bigger than they really are.

The proposed class motion filed in Brooklyn federal courtroom is much like a lawsuit filed in March, by the identical three legislation corporations, in opposition to Burger King Corp in Miami.

Chimienti stated McDonald’s and Wendy’s use undercooked beef patties in adverts, making the patties seem 15% to twenty% bigger than what clients get.

The grievance stated meat shrinks 25% when cooked, and quoted a meals stylist who stated she has labored for McDonald’s and Wendy’s and prefers utilizing undercooked patties as a result of fully-cooked burgers look “much less appetizing.”

Chimienti, who lives in Suffolk County, stated each chains “materially” overstate burger sizes, whereas Wendy’s additionally inflates the quantity of toppings.

“Defendants’ actions are particularly regarding now that inflation, meals, and meat costs are very excessive and lots of shoppers, particularly decrease revenue shoppers, are struggling financially,” the grievance stated.

McDonald’s and Wendy’s didn’t instantly reply to requests for remark. A lawyer for Chimienti had no speedy extra remark.

The lawsuit seeks unspecified compensatory and punitive damages for alleged breaches of contract since Could 2016 and violations of shopper safety legal guidelines nationwide.

In an April 28 convention name with analysts, McDonald’s Chief Government Chris Kempczinski stated lower-income shoppers in all probability confronted “elevated worth sensitivity” as rents and gasoline costs rise.

In the meantime, Wendy’s CEO Todd Penegor informed analysts on Could 11 that “inflation is being seen by the shoppers.”

Burger King, a part of Restaurant Manufacturers Worldwide Inc, has but to formally reply to the Miami lawsuit.

The case is Chimienti v Wendy’s Worldwide LLC et al, U.S. District Court docket, Japanese District of New York, No. 22-02880.

(Reporting by Jonathan Stempel in New York; Modifying by Marguerita Choy)