U.S. District Judge Hector Gonzalez in Brooklyn, NY. dismissed a lawsuit alleging that McDonald’s Corp. and Wendy’s Inc. engaged in deceptive advertising.  At issue were depictions of sandwiches apparently showing larger meat patties than were actually served.

The Judge ruled that posting a visual depicting an appetizing image was a standard marketing practice and there was no obligation for the QSRs to provide consumers with burgers exactly as advertised.  Similar cases are currently subject to litigation in different jurisdictions including a claim against Taco Bell in Miami and a lawsuit filed against Burger King that is scheduled for trial.