A resident of New York has filed a class-action federal lawsuit against both McDonald’s Corporation and Wendy’s International claiming deceptive advertising through their illustrations of sandwiches.  The plaintiff claims that sandwiches as served are smaller than depictions of a Big Mac at McDonald’s and a Bourbon Bacon Cheeseburger at Wendy’s.

The plaintiff claims that advertised versions appear 15 to 20 percent larger than the beef patties that are actually served, although the illustrations and accompanying literature do not specify the actual weight of patties.

In the 35 page complaint, the plaintiff claimed that illustrations were based on undercooked and therefore “plump” patties as used by photographers. The complaint claims that consumers are damaged by “receiving food that is lower in value than what is promised”.

The class action lawsuit appears to be a typical shakedown of two large corporations since they seek financial compensation for the class that was allegedly deceived by the two defendants. The demand that the two QSRs correct or discontinue deceptive advertising is a red herring. Since the defendants are sure to settle, the beneficiaries will be the law firm involved. The apparent consumers within the class will receive a pittance if at all.