McDonald’s Among Burger Joints Sued for False Advertising

Legal Arguments

Regarding McDonald’s, Wendy’s, and other fast food companies’ misleading advertising, there are arguments on both sides of the complaint. The plaintiff contends that the defendants engage in deceptive advertising by depicting their goods in commercials as bigger, juicier, and with more toppings than what is actually given to customers. According to the lawsuit, this misinformation deceives customers and is against the law (Bullock, 2022). The complaint asserts that customers base their decisions on the advertised visuals and descriptions. They contend that customers need accurate and genuine representations to make educated decisions about the food they consume. The defendants are accused of betraying the consumers’ confidence and impairing their capacity to make wise judgments by misrepresenting the items.

The defendants can contend that the advertising claims are more than puffery—exaggerated assertions that a sane customer would not take seriously. They can assert that customers know that commercials are not supposed to represent the goods because they aim to persuade accurately. The defendants can argue that each person’s impression of the product’s size and appearance is unique and subjective (Bullock, 2022). They can contend that because personal perceptions of the marketed goods cannot be tested objectively, they do not qualify as deceptive advertisements (Simpson, 2019). Lastly, the defendants can argue that their advertising contains disclaimers or small print that clarifies their goods’ accurate sizes, toppings, or cooking methods.

Assumptions

The plaintiff will have to demonstrate that the defendants’ advertising is, in fact, untrue or deceptive, harming or deceiving customers. The defendants may provide proof that the promises made in their advertisements are fictitious or inflated or are accompanied by disclaimers explaining any differences between the promoted goods and the actual product. The legality of the arguments will be determined by reference to consumer protection legislation and advertising rules, including those unique to the fast food sector.

References

Bullock, J.J. (2022). McDonald’s among Burger Joints sued for false advertising, NewsNation. Available at: https://www.newsnationnow.com/on-balance-with-leland-vittert/mcdonalds-among-burger-joints-sued-for-false-advertising/ (Accessed: 09 June 2023).

Simpson, J. K. (2019). At-risk advertising by Australian chiropractors and physiotherapists. Chiropractic & Manual Therapies, 27(1), 1–14.

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Question

False Advertising

Recently, I read this article on an external site. What do you think are the strongest arguments for each side in this lawsuit? When I ask about arguments, I ask what their LEGAL arguments are. State any assumptions you are making, if any, and support your answers.
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