New York judge tosses false advertising suit against Wendy's, McDonald's over burger size

A New York judge has dismissed a false advertising suit against fast food giants Wendy's and McDonald's that alleged the advertising from both chains misrepresented the size of their burgers.

U.S. District Judge Hector Gonzalez issued the ruling, which determined that that the use of flattering images of the company's products varied little from comparable advertising from other firms, the New York Times reported.

The attempts of McDonald's and Wendy's "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," he declared.

Gonzalez further highlighted the ambiguity surrounding whether plaintiff Justin Chimienti had even seen the specific ads with which he took issue in the complaint. He had pointed to ads for the iconic Big Mac and McDonald's an the Bourbon Bacon Cheeseburger at Wendy's.

Chimienti's suit took a different turn than an August suit against Burger King over a similar issue. U.S. District Judge Roy Altman declined to dismiss that class action suit, allowing it to proceed.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.