NEW YORK, Might 17 (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 huge and juicy as marketed.

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

Chimienti sued McDonald’s Corp (MCD.N) and Wendy’s Co (WEN.O) on Tuesday, accusing them of defrauding clients with advertisements 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 regulation companies, in opposition to Burger King Corp in Miami.

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

The criticism mentioned meat shrinks 25% when cooked, and quoted a meals stylist who mentioned 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, mentioned 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 plenty of customers, particularly decrease earnings customers, are struggling financially,” the criticism mentioned.

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

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

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

In the meantime, Wendy’s CEO Todd Penegor informed analysts on Might 11 that “inflation is being observed by the customers.”

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

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

Reporting by Jonathan Stempel in New York
Modifying by Marguerita Choy

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