A federal judge in New York has dismissed a lawsuit that accused McDonald’s and Wendy’s of misleading consumers with ads that show bigger, juicier burgers than their restaurants actually serve.
In an opinion released over the weekend, U.S. District Judge Hector Gonzalez said the images on the companies’ websites __ which the plaintiff was challenging __ note the weight of the meat and the calories each burger contains.
Gonzalez also said the plaintiff, Justin Chimienti, failed to prove that a reasonable customer would be misled by the ads. Gonzalez said the ads are considered “puffery,” akin to other companies' use of models to make their products more visually appealing.filed recently against fast food companies by New York attorney James Kelly. A message seeking comment from Kelly was left Tuesday by The Associated Press.
In August, a federal judge in Florida refused to dismiss a class action lawsuit Kelly filed against Burger King claiming that the company's ads overstate the amount of meat in its Whopper burger and other sandwiches. Kelly has also sued Taco Bell and Arby's. Lawsuits accusing food and beverage companies of misleading customers __ for putting fewer chips than expected in a bag or advertising artificial flavors as real “vanilla," for example __ have grown more common in recent years.
Perkins Coie, a law firm that tracks class action suits, said 214 were filed against food and beverage companies in 2022 and 101 were filed in the first six months of this year. That’s a big increase from 2010, when just 45 were filed.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
A retired federal judge takes a stroll through Skid Row to prepare for his new assignmentAfter approving a settlement requiring L.A. County to provide 3,000 new mental-health and substance-use treatment beds, Judge David O. Carter staged a test.
Read more »
Federal judges to hear input on proposed new congressional lines in AlabamaA three-judge panel is preparing to approve new congressional districts for Alabama after ruling that state lawmakers flouted their finding the state should have a second district where Black voters are the majority of the electorate or close to it.
Read more »
Federal judges to hear input on proposed new congressional lines in AlabamaThe court will hear input Tuesday on three plans proposed by a court-appointed special master as it prepares to select a plan for use in the 2024 congressional elections.
Read more »
Trump appears to dine-in for Manhattan court date, orders bags of McDonalds for legal teamFormer President Donald Trump's love for fast food, especially McDonalds, is a well documented part of his public persona.
Read more »
New on Netflix: October 2023’s Best New Movies & ShowsEmbrace the fall next month with a list of what’s new on Netflix, including new seasons of Big Mouth, Elite, and many more.
Read more »
Meet Pat Kaufman, New York City's new Commissioner of Media and EntertainmentWe spoke with her about her background and coming into the role amid the WGA and SAG-AFTRA strikes.
Read more »