A beef over beef: Wendy's and McDonald's are being sued in a Brooklyn court

The proposed class action suit seeks a whopping $50 million in damages over allegations of false advertising

A New York man is asking “Where’s the beef?” and is taking McDonald’s and Wendy’s to court for answers.

Justin Chimienti filed a class action lawsuit in a Brooklyn court Tuesday against McDonald’s and Wendy’s, accusing the fast food giants of falsely advertising how big and juicy their burgers are. The patties in question are McDonald’s Big Mac and Wendy’s Bourbon Bacon Cheeseburger, both of which Chimienti said they weren’t as voluptuous as advertised.

He’s accusing the chains of using undercooked patties in their ads, which makes the burgers 15 percent to 20 percent larger than what customers are served. Chimienti’s is complaining that the meat shrinks 25 percent when they’re cooked.

In the 35-page complaint, which comes just 50 days after a similar suit leveled at Burger King, he says their ads are “unfair and financially damaging consumers as they are receiving food that is much lower in value than what is being promised.”

Chimienti puts an altruistic spin on his lawsuit, alleging the chains’ “actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially.”

He’s seeking a whopping $50 million in damages. However, he’s “unlikely” to win, according to at least one expert. The court will seek out customers personally victimized by the less-than-impressive meat.

“Both of those are an uphill battle for the plaintiff to prove,” Mark Bartholomew, law professor at the University of Buffalo in New York, said, adding that the companies could argue that the public expects some “exaggeration” in their ads.