Ads from McDonald’s, Wendy’s and Burger King exaggerate size of burgers: suit

McDonald’s, Wendy’s and Burger King have been exaggerating the size of their burgers in ads, showing much fatter patties than what consumers actually get, according to two lawsuits.

The most recent complaint, filed this week against McDonald’s and Wendy’s in the US Eastern District of New York, claims that the fast food giants use undercooked patties in their marketing to make their burgers appear bigger. 

The undercooked burgers appear to be 20% larger than what consumers actually get when they go to McDonald’s or Wendy’s, according to the complaint, which is seeking class-action status.

“A food stylist for Wendy’s has admitted that she tricks and deceives customers by using undercooked patties in burger advertisements,” according to the complaint.

The food stylist, who allegedly has worked with McDonald’s as well, said in an 2014 Money Talks News interview that she prefers to work with undercooked patties in her photo shoots and “with a simple burger purchased from a grocery store,” according to Fox Business, which first reported on the lawsuits.

The complaint alleges that Wendy’s overstates the size of 19 burgers on its menu, including its Bourbon Bacon Cheeseburger. McDonald’s “materially overstates the size of the beef patties for nearly every menu item in its current advertisements,” including its signature Big Mac, according to the complaint.

Another federal lawsuit filed in Florida in March by the same three law firms takes aim at Burger King, citing food reviews on YouTube that point to the fatter burgers in ads versus the flattened, disappointing patties consumers get.

The suit against McDonald’s and Wendy’s also includes links to YouTube reviews, including one named Adaryl Fisher Reviews, which reviewed the Wendy’s Dave’s single burger compared to the advertisement and stated “…this is worth a dollar…this is not no five-dollar burger.”

As for McDonald’s, the lawsuit takes issue with ads of a cheeseburger showing the patty “extending all the way to the edge of the bun,” compared to photos submitted by consumers to YouTube channels “showing materially smaller beef patty that comes nowhere near the edge of the bun.”

The suit alleges that Wendy’s and McDonald’s are “unfairly diverting millions of dollars in sales that would have gone to competitors” because of their deceptive ads. 

Deceptive advertising lawsuits against food companies have proliferated in recent years, including a complaint in 2020 against Burger King, which was accused of offering smaller burgers to non-carnivores who order the “Impossible Whopper.” A judge tossed that complaint. Subway was sued last year for using fake tuna in its sandwiches — which the company denied.

McDonald’s, Burger King and Wendy’s did not immediately respond to requests for comment.