McDonald's, Wendy's defeat lawsuit over size of burgers
NEW YORK -
McDonald's and Wendy's have defeated a lawsuit accusing them of deceiving hungry diners by exaggerating the size of their burgers.
In a decision on Saturday, U.S. District Judge Hector Gonzalez in Brooklyn found no proof that the fast-food chains delivered smaller burgers than advertised, or that the plaintiff Justin Chimienti had even seen ads for the McDonald's Big Mac and Wendy's Bourbon Bacon Cheeseburger he bought.
Chimienti, a resident of Long Island's Suffolk County, said McDonald's and Wendy's ads depicted undercooked beef patties because meat shrinks 25% when cooked.
The complaint quoted a food stylist who said she had worked for McDonald's and Wendy's, and preferred undercooked patties because fully-cooked burgers looked "less appetizing." Chimienti said Wendy's also inflated the amount of toppings it uses.
In a 19-page decision, Gonzalez said the chains' efforts to make their burgers look appetizing were "no different than other companies' use of visually appealing images to foster positive associations with their products."
He said McDonald's and Wendy's were not legally obligated to sell burgers by advertising them, and that their websites provided "prominent, objective information" about the burgers' weight and caloric content.
Gonzalez also said it is not misleading to depict fewer toppings than the plaintiff's "personally preferred amount."
Lawyers for Chimienti did not immediately respond on Monday to requests for comment. McDonald's, Wendy's and their lawyers did not immediately respond to similar requests.
On Aug. 29, a federal judge in Miami said Burger King, a unit of Restaurant Brands International, must defend against a similar lawsuit over how it depicts Whopper sandwiches on in-store menu boards. He dismissed claims based on ads.
Taco Bell, a unit of Yum Brands, is defending against a lawsuit in the Brooklyn court claiming it sold Crunchwraps and Mexican pizzas that contained half as much filling as advertised.
The case is Chimienti v Wendy's International LLC et al, U.S. District Court, Eastern District of New York, No. 22-02880.
(Reporting by Jonathan Stempel in New York; Editing by David Gregorio)
Shopping Trends
The Shopping Trends team is independent of the journalists at CTV News. We may earn a commission when you use our links to shop. Read about us.
YOUR FINANCES
Here's how much more your Christmas dinner will cost this year
Celebrating with your family this December could come with increased expenses as data shows many traditional holiday foods are going up in price.
Canadians increasingly turning to charities to meet essential needs, but cost of living also hitting donations
Every Giving Tuesday, many Canadians generously dig into their wallets to donate to charities, but as the cost of living climbs, research suggests many Canadians are also in need of help.
Here's how much more it's expected to cost to feed a family of 4 in Canada next year
A new report by more than 30 researchers is estimating how much food will cost in 2024 and how much money it will take to feed families.
What is the grocery code of conduct, and will it help to lower the cost of food?
Canada's grocery code of conduct is in the final stages with advocates saying it would help lower food prices while big grocers say it won't.
Poor Inuit housing 'direct result of colonialism': federal housing advocate
A federal housing advocate is accusing every level of government in Canada of failing to uphold the Inuit's right to housing -- and therefore denying their human rights.
Having financial problems? Don't get caught in debt relief scams
With inflation, rising interest rates, and higher costs for gas, groceries and housing, many Canadians are feeling the financial pinch and now personal bankruptcies are on the rise.
Do you tip at a restaurant like Chipotle? Here’s what a survey found
But the majority of Americans say they tip 15 per cent or less for a typical meal at a sit-down restaurant, according to a wide-ranging new poll on tipping attitudes from Pew Research Center. The poll surveyed nearly 12,000 people.
Loblaw raises the affordability alarm as grocery code of conduct nears completion
As the grocery code of conduct nears completion, the Canadian industry's biggest player is raising concerns the guidelines could add fuel to the food inflation fire.
CTVNews.ca Top Stories
Conservatives poised to prompt marathon voting session on government spending
Pierre Poilievre's Conservatives are poised to prompt what could become an overnight marathon voting session in the House of Commons, signalling Thursday afternoon they plan to make good on their threat to delay the government's agenda by forcing votes on more than 100 line items from the latest spending plans.
Canada doubling cost-of-living requirement for international students
Canada will more than double the cost-of-living financial requirement for incoming international students on Jan. 1, Minister of Immigration, Refugees and Citizenship Marc Miller announced today.
Flight safety in Canada is plummeting, a confidential UN agency report finds
A draft report from a United Nations agency gives Canada a C grade on flight safety and oversight, down from an A+ and far below most of its peers.
Russian girl shoots several classmates, leaving 1 dead, before killing herself
A Russian girl shot several classmates at school Thursday, killing one person and wounding five others before killing herself, state news agencies and authorities said.
'The Brick' is at the centre of our galaxy. An unexpected new finding may help unlock its mysteries
A box-shaped cloud of opaque dust that lies at the centre of our galaxy has long perplexed scientists, and observations that reveal a new detail about its composition are deepening the mystery — possibly upending what’s known about how stars form.
Amid concern over Canadians going hungry, Conservatives criticized for voting against school food bill
As Conservative Leader Pierre Poilievre continues to voice concern over the increase in food bank usage, his party is being criticized by some for voting against a private member's bill that would advance a framework for a national school food program.
Canada being hit by 3 separate storm systems: Here's where
Winter weather is underway in parts of Canada with three storm systems bringing messy conditions from B.C. to Newfoundland and Labrador.
Von Miller declines to comment on domestic assault allegations after returning to Bills practice
Buffalo Bills edge rusher Von Miller declined to take questions at his locker on Thursday, a week after turning himself in to police in a Dallas suburb after allegedly assaulting the mother of his children, who is pregnant.
Judge rules in favour of NBA star, nullifies purchase of $8M Burlington mansion once occupied by 'crypto king'
A judge has ruled in favour of NBA star Shai Gilgeous-Alexander in his lawsuit against a company that sold him a Burlington mansion previously occupied by self-proclaimed ‘crypto king’ Aiden Pleterski.
Canada
-
Surge in newcomers putting pressure on inflation via housing demand: BoC official
The recent surge in newcomers is adding to inflation through housing demand, a senior Bank of Canada official said Thursday, warning rental and home prices could continue to rise without a boost to housing supply.
-
Canada doubling cost-of-living requirement for international students
Canada will more than double the cost-of-living financial requirement for incoming international students on Jan. 1, Minister of Immigration, Refugees and Citizenship Marc Miller announced today.
-
R.J. Simpson chosen as next Northwest Territories premier
Newly elected members of the Northwest Territories legislature have chosen their next premier.
-
Judge rules in favour of NBA star, nullifies purchase of $8M Burlington mansion once occupied by 'crypto king'
A judge has ruled in favour of NBA star Shai Gilgeous-Alexander in his lawsuit against a company that sold him a Burlington mansion previously occupied by self-proclaimed ‘crypto king’ Aiden Pleterski.
-
Amanda Todd's mom urges more jail time for tormentor, as Dutch court mulls sentence
The mother of B.C. teenager Amanda Todd, who was bullied into suicide by a Dutch national, says she'll be “so angry” if a court in Amsterdam doesn't give him significant extra jail time on the basis of his Canadian conviction last year.
-
Moose family doesn't seem to want to leave Alberta town
Taber police are working with Fish and Wildlife officers to relocate a family of moose that has seemingly taken up residence in the southern Alberta town.
World
-
Armenia and Azerbaijan announce deal to exchange POWs and work toward peace treaty
Armenia and Azerbaijan agreed Thursday to exchange prisoners of war and work toward signing a peace treaty in what the European Union hailed as a major step toward peace in the long-troubled region.
-
Texas judge grants pregnant woman permission to get an abortion despite state's ban
A Texas judge on Thursday gave a pregnant woman whose fetus has a fatal diagnosis permission to get an abortion in an unprecedented challenge over bans that more than a dozen states have enacted since Roe v. Wade was overturned.
-
Putin moves a step closer to a 5th term as president after Russia sets 2024 election date
Lawmakers in Russia set the country's 2024 presidential election for March 17, moving Vladimir Putin a step closer to a fifth term in office.
-
Judge says ex-Alaska Airlines pilot who tried to cut plane's engines can be released before trial
An ex-Alaska Airlines pilot accused of trying to cut the engines of a passenger flight while off-duty and riding in an extra seat in the cockpit can be released from jail pending trial, an Oregon judge said Thursday.
-
U.K. says Russia's intelligence service behind sustained attempts to meddle in British democracy
Russia's intelligence services targeted high-profile British politicians, civil servants and journalists with cyberespionage and "malicious cyberactivity" as part of sustained attempts to interfere in U.K. political processes, Britain's government said Thursday.
-
No UNLV students killed in shooting; victims were faculty members, university president says
Terrified students and professors cowered in classrooms and dorms as a gunman roamed the floors of a University of Nevada, Las Vegas building, killing three people and critically wounding a fourth before dying in a shootout with police.
Politics
-
Conservatives poised to prompt marathon voting session on government spending
Pierre Poilievre's Conservatives are poised to prompt what could become an overnight marathon voting session in the House of Commons, signalling Thursday afternoon they plan to make good on their threat to delay the government's agenda by forcing votes on more than 100 line items from the latest spending plans.
-
Oil, gas emissions to be cut by at least one-third by 2030: Guilbeault
Environment Minister Steven Guilbeault says the oil and gas industry will have to cut emissions more than one-third by 2030. A framework outlining the cap is being published today with plans to publish draft regulations next spring and get the final regulations in place in 2025.
-
Amid concern over Canadians going hungry, Conservatives criticized for voting against school food bill
As Conservative Leader Pierre Poilievre continues to voice concern over the increase in food bank usage, his party is being criticized by some for voting against a private member's bill that would advance a framework for a national school food program.
Health
-
More Canadians have been using virtual care since the pandemic. Is it effective and safe?
Since the rise of virtual care in Canada during the COVID-19 pandemic, patients and doctors were able to use this alternate form of care 'safely and effectively,' new research from McMaster University suggests.
-
HIV diagnoses hit 10-year high in Montreal, cases more than double between 2021-22
Public health officials say they recorded in 2022 the highest number of new HIV diagnoses in 10 years in the city of Montreal and its on-island suburbs. Data shared last week shows the number of new reported HIV cases more than doubled between 2021 and 2022, to 310 from 141.
-
'I'm so broken': Grieving family speaks out after B.C. cancer patient awaiting treatment chooses MAID
A devastated family says long waits for cancer treatment led a beloved father and grandfather to choose medically assisted death 13 days ago.
Sci-Tech
-
New orca calf off B.C. bolsters record-breaking year for sightings
A new transient orca calf has been spotted in the waters off British Columbia, adding to what's already been a record-breaking year for sightings of the Bigg's killer whales.
-
Key testing completed at Nova Scotia's proposed retirement home for captive whales
An ambitious plan in Nova Scotia to build North America's first coastal refuge for captive whales has reached a critical phase.
-
'The Brick' is at the centre of our galaxy. An unexpected new finding may help unlock its mysteries
A box-shaped cloud of opaque dust that lies at the centre of our galaxy has long perplexed scientists, and observations that reveal a new detail about its composition are deepening the mystery — possibly upending what’s known about how stars form.
Entertainment
-
Rapper Kodak Black is arrested on cocaine charges in South Florida
Rapper Kodak Black has been arrested again in South Florida, this time on charges of possessing cocaine, jail records show.
-
Jonathan Majors' ex describes 'substantial' pain caused by actor as defence questions her drinking
Jonathan Majors' former girlfriend testified Wednesday about the "substantial" pain she suffered after he allegedly assaulted her in the backseat of a cab this spring, as photos of the woman's injuries were shared with a Manhattan jury for the first time.
-
Price is Right contestant arrives on expense-paid visit to New Westminster
When Phillip Fitzpatrick overbid and lost out on a trip to New Westminster on The Price is Right, he figured he would never get to visit the Royal City.
