McDonald's And Wendy's Just Had A Lawsuit Against Them Dismissed Over False Advertising

Fast-food commercials showcasing thick and juicy hamburgers will continue to hit the airwaves and the internet. A federal judge has dismissed a lawsuit that accused McDonald's and Wendy's of false advertising, CNN reported on October 4. U.S. District Judge Hector Gonzalez ruled in favor of the fast-food chains, arguing that McDonald's and Wendy's advertisements are no different than other companies' marketing tactics to create "visually appealing images."

According to the lawsuit, which was filed in May 2022, the plaintiff, Justin Chimienti, accused the two fast-food chains of misleading consumers by enlarging the size of their beef patties in advertisements, resulting in burgers appearing larger than they actually are. The lawsuit specifically called out the Wendy's Bourbon Bacon Cheeseburger and the Dave's Single burger.

In his September 30 ruling, Gonzalez said that Chimienti "fails adequately to allege that a reasonable customer would likely be misled by them." Gonzalez also noted that fast-food chains' websites, including the Wendy's site, provide disclaimers about beef patties' weight and size.

The recent lawsuit suing McDonald's and Wendy's over false advertising is one of many. According to a September 1 report from the Associated Press, Burger King is the latest fast-food chain in the crosshairs of lawsuits. Burger King was hit with a lawsuit alleging false advertising in regards to the size of its Whopper and other products. The chain is accused of deceiving its consumers by increasing the Whopper's size "by approximately 35%" in advertisements.

In recent years, false advertising lawsuits have targeted popular chains and brands, such as Taco Bell and Arby's. "We saw a record number of food litigation lawsuits filed from 2020 to 2023, with hundreds of new suits every year," Tommy Tobin, a lawyer at Perkins Coie and Lecturer at UCLA Law, told CNN Business in September. 

And the companies behind A&W and Dr Pepper, the A&W Concentrate Company and Keurig Dr Pepper Inc., recently reached a settlement in a class-action lawsuit. The suit, originally filed in August 2020, accused the companies of misleading consumers by labeling its A&W cream soda as "made with aged vanilla" despite the soda containing artificial flavoring, Today reported in July.