The judge the chains’ efforts to made their burgers look appetizing was “no different than other companies’ use of visually appealing images to foster positive associations with t…
In a decision on Saturday, US District Judge Hector Gonzalez in Brooklyn found no proof that the fast-food chains delivered smaller burgers than advertised, or that the plaintiff Justin Chimienti had even seen ads for the McDonald’s Big Mac and Wendy’s Bourbon Bacon Cheeseburger he bought.
The complaint quoted a food stylist who said she had worked for McDonald’s and Wendy’s, and preferred undercooked patties because fully-cooked burgers looked “less appetizing.” Chimienti said Wendy’s also inflated the amount of toppings it uses. He said McDonald’s and Wendy’s were not legally obligated to sell burgers by advertising them, and that their websites provided “prominent, objective information” about the burgers’ weight and caloric content.
The judge said McDonald’s and Wendy’s were not legally obligated to sell burgers by advertising them, and that their websites provided “prominent, objective information” about the burgers’ weight and caloric content.Lawyers for Chimienti did not immediately respond on Monday to requests for comment. McDonald’s, Wendy’s and their lawyers did not immediately respond to similar requests.
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