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(Reuters) – Justin Chimienti thought the Big Mac he bought at McDonald’s and the Bourbon Bacon Cheeseburger he bought at Wendy’s would be as big and juicy as advertised.
He says they were not, and now he is suing the fast-food chains.
Mr. Chimienti sued McDonalds Corp. and Wendy’s Co. on Tuesday, accusing them of defrauding customers with ads that make burgers appear larger than they actually are.
The proposed class action filed in Brooklyn federal court is similar to a lawsuit filed in March, by the same three law firms, against Burger King Corp. in Miami.
Mr. Chimienti said McDonald’s and Wendy’s use undercooked beef patties in ads, making the patties appear 15% to 20% larger than what customers get.
The complaint said meat shrinks 25% when cooked, and quoted a food stylist who said she has worked for McDonald’s and Wendy’s and prefers using undercooked patties because fully-cooked burgers look “less appetizing.”
Mr. Chimienti, who lives in Suffolk County, said both chains “materially” overstate burger sizes, while Wendy’s also inflates the amount of toppings.
McDonald’s and Wendy’s did not immediately respond to requests for comment. A lawyer for Mr. Chimienti had no immediate additional comment.