By Dee-Ann Durbin
A federal judge in New York has dismissed a lawsuit that accused McDonald’s and Wendy’s of misleading consumers with ads that show bigger, juicier burgers than their restaurants actually serve.
In an opinion released over the weekend, U.S. District Judge Hector Gonzalez said the images on the companies’ websites __ which the plaintiff was challenging __ note the weight of the meat and the calories each burger contains.
Gonzalez also said the plaintiff, Justin Chimienti, failed to prove that a reasonable customer would be misled by the ads. Gonzalez said the ads are considered “puffery,” akin to other companies' use of models to make their products more visually appealing.
Wendy's and McDonald's didn't immediately respond to messages left Tuesday seeking comment.
The suit was one of several false advertising lawsuits filed recently against fast food companies by New York attorney James Kelly. A message seeking comment from Kelly was left Tuesday by The Associated Press.
In August, a federal judge in Florida refused to dismiss a class action lawsuit Kelly filed against Burger King claiming that the company's ads overstate the amount of meat in its Whopper burger and other sandwiches. Kelly has also sued Taco Bell and Arby's.
Lawsuits accusing food and beverage companies of misleading customers __ for putting fewer chips than expected in a bag or advertising artificial flavors as real “vanilla," for example __ have grown more common in recent years.
Perkins Coie, a law firm that tracks class action suits, said 214 were filed against food and beverage companies in 2022 and 101 were filed in the first six months of this year. That’s a big increase from 2010, when just 45 were filed.
Arturo Béjar testified before a Senate subcommittee on Tuesday about social media and the teen mental health crisis, hoping to shed light on how Meta executives, including Zuckerberg, knew about the harms Instagram was causing but chose not to make meaningful changes to address them.
Nike is suing two of its competitors for alleged patent infringement.
Uber missed analysts' projections for earnings per share and revenue this past quarter. Cheddar News takes a closer look at the numbers and explains what to expect for the rest of the fiscal year.
Cheddar News breaks down some of the top business stories to look out for, including WeWork's bankruptcy filing and fast-fashion retailer Shein reportedly expecting a $90 million valuation upon its market debut. Plus, a new EV truck will have a backup gas generator.
WeWork has filed for Chapter 11 bankruptcy protection.
Bumble, the female-focused dating app, announced that Whitney Wolf Hurd, the company's founder and CEO, will step down in January.
WeWork officially has filed for bankruptcy.
With interest rates high, housing inventory low and Veterans Day just around the corner, Cheddar News took a look at how the current market is impacting those who served and continue to serve our country. Patton Gade, national director of military lending with UMortgage, explains how a VA loan works, its benefits and what's involved in the process of purchasing a home.
Stocks were mixed in Tuesday's early session as Wall Street came off a strong rally last week.
Google on Monday confronted the second major U.S. antitrust trial in two months to cast the internet powerhouse as a brazen bully that uses its immense wealth and people's dependence on one of its main products to stifle competition at consumers' expense.
