“Hand crafted by hand. Aged for zero years. Local customs say it can only bear that name if it was crafted in a Wendy’s,” the advert for the fast-food chain’s Bourbon Bacon Cheeseburger concludes.
But the mouthwatering burger from the video and different commercial supplies is nothing like those given to prospects at Wendy’s, in response to a lawsuit filed Tuesday in U.S. District Court for the Eastern District of New York. The 35-page class-action criticism alleges that each Wendy’s and McDonald’s are duping prospects by overstating the size of their meals objects and the quantity of toppings they embody in “false and misleading advertising.”
“[Wendy’s and McDonald’s] advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what is being promised,” the criticism reads.
The two fast-food giants are among the many listing of quick-service eating places being slapped with lawsuits over their promotions’ alleged beefed-up patties. In March, the identical three legislation companies concerned in the brand new case made comparable allegations in opposition to Burger King, the “Home of the Whopper.”
Wendy’s, McDonald’s and Burger King didn’t instantly reply to requests for remark from The Washington Post late Tuesday.
In ads, Wendy’s highlights “large burgers compared to competitors and containing thick and juicy beef patties stuffed with toppings,” the criticism states. Mickey D’s “also materially overstates the size of its beef patties using the same deceptive practice as Wendy’s,” the lawsuit alleges.
But as a substitute of a burger with a plump patty, hearty bun, copious toppings and completely oozing cheese, prospects are getting its ugly cousin — a puny, slapped-together product with 15 to twenty p.c much less meat than the one in the ads, the lawsuit claims.
The disconnect between what’s promised and what’s delivered, the lawsuit alleges, comes right down to meals styling. To make the burgers look bigger, a stylist makes use of undercooked burger patties. Since meat adjustments look underneath warmth, “that ensures a big, plump patty, whereas fully cooked burgers tend to shrink and look less appetizing,” in response to the lawsuit.
Food styling shouldn’t be distinctive to the 2 fast-food chains. Behind nearly all skilled pictures, there’s a stylist using methods to make the meals look extra scrumptious. It’s a bit like how trend manufacturers pin, clip and rework clothes on fashions — which is why clothes would possibly match individuals otherwise than what’s marketed. In the case of meals, stylists would possibly use shaving cream as a substitute of whipped cream, soy sauce diluted with water as a substitute of espresso, or glue as a substitute of milk. Even microwaved tampons are generally used to create steam to provide the impression of piping-hot meals.
Yet such hacks are unfair to customers, in response to the lawsuit — not solely as a result of they’re misleading, but in addition as a result of the apply is “unfairly diverting millions of dollars in sales” that may’ve gone to different eating places that “more fairly advertise the size of their burgers and menu items,” the criticism states.
For now, a New York man, Justin Chimienti, is the one named plaintiff in the case, which is searching for compensatory and punitive damages for the alleged violations of shopper safety legal guidelines — or lack of juicy patties, scorching bacon and crispy onions.