We see the commercials on television and on the internet.  Delicious, over-sized burgers, perfectly photographed to appeal to our primordial instincts.  It is not just art.  A lot of psychological study goes into choosing the just the right angles,  colors, textures and toppings for maximum emotional impact.

Photo: McDonalds
Photo: McDonalds
loading...

Is it any wonder that a New York man named Justin Chimienti was so disappointed when he recently ordered a McDonalds Big Mac and the burger arrived looking nothing like the advertised version of the same burger.  He then took his angst to Wendy's and ordered their Bourbon Bacon Cheeseburger.  Surely, that burger would be better right?

Get our free mobile app
Photo: Wendy's
Photo: Wendy's
loading...

Wrong.

Chimienti was so disappointed he filed a class action lawsuit in Brooklyn federal court.  He is accusing Wendy's and McDonald's of actually defrauding customers with ads that make burgers look bigger and better than they actually are.  Afterall, that's false advertising right.  A similar lawsuit was filed in March against Burger King.  That lawsuit was so brutal, it almost wiped the smile of the Burger King's face. Fortunately, Ronald McDonald's smile is painted on.

Photo by Abenteuer Albanien on Unsplash
Photo by Abenteuer Albanien on Unsplash
loading...

The lawsuit contends that that meat shrinks 25% when cooked and quotes a "food stylist" who said she has worked for McDonald's and Wendy's and prefers undercooked patties because they look bigger and more appetizing. The lawsuit seeks unspecified compensatory and punitive damages and violations of consumer protection laws nationwide.

Legal law or lawsiut business concept.
TheaDesign
loading...

In an April 28th conference call, McDonald's CEO, Chris Kempczinski said that lower income consumers probably were facing "increased value sensitivity" as rents and gas prices rise.  This may be making us all notice things, like burgers that look different in reality t,han they do in ads even more astutely.  While most of us are disappointed with how our fast food burgers look when we get them, realistically, how many of us really expect fast food to look like the ads?  Legal analysts say lawsuits like these have a real uphill battle.  We will all watch with interest.  Maybe the judge will quote the late Clara Peller and ask the age old question:  "Where's the Beef?"

 

 

LOOK: 15 Discontinued McDonald's Menu Items

More From 96.5 KNRX