Wendy’s and McDonald’s have emerged victorious from a lawsuit that accused the fast food chains of false advertising.
A federal judge dismissed a lawsuit brought against the two companies accusing them of selling smaller hamburgers than advertised and alleging the food didn’t look as appetizing in person as pictured on their websites.
The advertising angle is likely what sank their case. Proving the food does not meet a technical specification, like not having a quarter pound of beef in a fully cooked patty, is easier to prove. But advertising has always been hyperbole.
A very important aspect that I think people overlook is that they use similar/same marketing photos of the food on their menu. That’s not advertising, maybe that’s what they will argue. If I look at a menu and they have a picture of the food, I’m going to expect I get what I see (within a margin) vs when I see an advertisement I expect it to be a bit hyperbolic.
You could argue that menus are just in-store advertising
A lot of things in stores have to add disclaimers about what is on the cover of the box vs what’s on the inside. I don’t see how fast food gets a pass on that. Or why people are just okay with it too.
Hey I’m not defending them, just trying to imagine what justification they’d use.
Yeah, that might be a good case. Isn’t the weight advertised when it’s frozen/before it’s cooked? How can they call it a quarter pounder if half of it’s weight is reduced before it’s served to you?