Wendy’s Class Action Lawsuit

Article Summary

  • Wendy’s faces a class-action lawsuit for allegedly falsely advertising the size and quality of its burgers, using techniques to make them appear larger and more appealing in ads.
  • The lawsuit claims Wendy’s uses undercooked beef patties, food stylists, and digital editing to enhance burger appearance, with burgers in ads being at least 15% larger than in reality.
  • Other fast-food chains like Burger King, Taco Bell, Arby’s, and McDonald’s have faced similar lawsuits.
  • Attorney Anthony Russo expressed concerns about the deceptive practices, especially during times of high inflation and financial struggles for many consumers.
  • Wendy’s has not commented on the lawsuit, but a Burger King spokesperson argued that consumers know ads are often exaggerated.
  • The lawsuit alleges that Wendy’s deceptive ads have led consumers to buy burgers that are smaller and less appealing than expected, charging a premium for them.

What's in the article...

Wendy’s is being sued in a class-action lawsuit for allegedly falsely advertising the size and quality of its burgers. The lawsuit alleges that Wendy’s uses food stylists and other techniques to make its burgers appear larger and more appealing in its advertisements than they actually are. The clients who have filed the suit through The Russo Firm and The Law Office of James C. Kelly say that the misleading advertisements make their burgers look much bigger than they actually are. His accusations amount to the fast food giants using unfair and deceptive practices. Rivals Burger King, Taco Bell, Arby’s, and McDonald’s have been hit with similar lawsuits. The “actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially,” said Attorney Anthony Russo in the official filing.

What Is A Class Action Lawsuit?

A class-action lawsuit is a type of lawsuit in which a group of people with similar claims sue a defendant together. Class-action lawsuits can be an effective way for consumers to hold corporations accountable for wrongdoing.

Lawsuit Allegations Against Wendy’s Restaurant

The lawsuit alleges that Wendy’s engages in a variety of deceptive practices, including:
  • Using undercooked beef patties in its advertisements which makes the burgers appear larger and juicier than they actually are.
  • Using food stylists to arrange the burgers in a way that makes them appear more appealing and larger, which a customer won’t actually get.
  • Using digital editing to enhance the appearance of the burgers in its advertisements, essentially tricking the customer.
  • The burgers in the ads are at least 15% larger than they are in real life.
Although Wendy’s is not being sued for the size of the bacon, look at this video below by a user called McDoodle.

How Will The Wendy’s Class Action Lawsuit Progress?

Class action lawsuits progress in a similar way to other civil lawsuits, but with some additional steps. Here’s how the Wendy’s lawsuit will go down.

Lawsuit Is Filed

First, a plaintiff or plaintiffs file a complaint with the court through an attorney, alleging that Wendy’s has violated the law and caused harm to a group of people. This has already happened when Justin Chimienti filed a lawsuit through his lawyers.

Class certification

The court must decide whether to certify the case as a class action. This means that the court must find that the lawsuit meets certain requirements, such as:
  • The class is so large that it would be impractical for each class member to sue individually.
  • The class members have similar claims.
  • The lead plaintiff or plaintiffs can adequately represent the interests of the class members.


The parties to the lawsuit exchange information about their case. This may include documents, depositions, and expert testimony.


Many class action lawsuits are resolved through settlement. This means that the parties reach an agreement to end the lawsuit without going to trial.


If the lawsuit is not settled, it will go to trial. At trial, the parties will present their evidence to a judge or jury.


After the trial, the judge or jury will issue a verdict. If the plaintiff or plaintiffs win, the court will enter a judgment against the defendant. The judgment may award damages to the class members, order the defendant to change its behavior, or both.


Either party may appeal the judgment to a higher court.

Reasonable People Would Know Ads Are Exaggerated

Wendy’s has declined to comment. but, a spokesperson for Burger King did say that they are confident they will win this case since a reasonable consumer knows that all advertisements are exaggerated. For Russo, that argument doesn’t cut it. He’s more concerned with what he calls the “common-sense eyeball test.” “If you look at what their advertisements are showing, and you look at what on a regular basis, every consumer is getting … [there’s] a glaring disparity,” he said. “You could talk about weight … you could talk about volume, those are all the things the experts get into,” he said. But if the image is drastically different from the product, he argues, those details don’t matter.

False Advertising’s Impact on Consumers

The lawsuit alleges that Wendy’s deceptive advertising practices have misled consumers into purchasing burgers that are smaller and less appealing than they expected. The lawsuit also alleges that Wendy’s has charged consumers a premium for burgers that fall short of the quality and size that is promised in its advertisements. wendys meal - wendys false advertising class action lawsuit - the russo firm

FAQ about Wendy’s Class Action Lawsuit

What is the class action lawsuit against Wendy’s?

Wendy’s is being sued for allegedly misrepresenting their burgers in the advertisements.

How Can I Join the Wendy’s Class Action Lawsuit?

The Wendy’s class action lawsuit is not yet taking plaintiffs, but we will soon. Follow @therussofirmlaw on social media or check back here to find out when we open up the case for class action participants.

What are the Benefits of Joining a Class Action Lawsuit?

If you are a consumer who has been wronged by a company, or even someone who just eats at these restaurants or uses products that have questionable business practices, joining a class-action lawsuit, or supporting it, helps to make sure that we are holding companies accountable to laws and ethics.

What Will Wendy’s Have to Pay If They Lose the Lawsuit?

  • Reimbursement for the cost of the Wendy’s burgers that you purchased.
  • Punitive damages to punish Wendy’s for its wrongdoing.
  • Attorney’s fees and other costs.

Which Wendy’s Burgers Are Being Accused of Skimping?

  • Bourbon Bacon Cheeseburger
  • Dave’s Single
  • Jr. Bacon Cheeseburger
  • Double Stack

Why Do People File Class Action Lawsuits?

A class-action lawsuit is an effective way for consumers to hold corporations accountable for wrongdoing and seek compensation for their losses.

Contact The Russo Firm – Wendy’s Class Action Lawsuit

If you are a consumer who has been misled by Wendy’s false advertising, you may be eligible to join the class-action lawsuit. By joining the lawsuit, you can help to hold Wendy’s accountable for its wrongdoing and seek compensation for your losses. The class-action lawsuit against Wendy’s is still in its early stages. The court has not yet ruled on whether the lawsuit can proceed. However, if the lawsuit is successful, consumers who have been misled by Wendy’s false advertising may be entitled to damages. If you have any questions about the class-action lawsuit against Wendy’s, please contact The Russo Firm.

Article written or reviewed by:

Attorney Anthony Russo

Attorney Anthony Russo

Managing Partner and Lawyer at The Russo Firm

No-Cost Case Evaluation