A judge in Brooklyn has dismissed a false advertising suit against McDonald’s and Wendy’s alleging the brands used under cooked beef for its advertisements to make sandwiches look bigger and tastier, according to a New York Times report.
Plaintiff Justin Chimienti, of New York, brought the suit against the burger chains last yea. In a 19-page decision, U.S. District Court for the Eastern District of New York Judge Hector Gonzalez said Chimienti could not prove McDonald’s and Wendy’s deliberately sought to deceive customers about the size and look of their burgers.
The burger brands’ efforts “to present appetizing images of their products are no different than other companies’ use of visually appealing images to foster positive associations with their products,” Judge Gonzalez wrote in the ruling, handed down last Saturday.
Neither chains responded to the Times’ requests for comments.