this post was submitted on 06 Oct 2023
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Wendy’s and McDonald’s have emerged victorious from a lawsuit that accused the fast food chains of false advertising.

A federal judge dismissed a lawsuit brought against the two companies accusing them of selling smaller hamburgers than advertised and alleging the food didn’t look as appetizing in person as pictured on their websites.

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[–] [email protected] 121 points 1 year ago (5 children)

Only because 'everyone does it'

"US District Judge Hector Gonzalez ruled that Wendy’s and McDonald’s food images “are no different than other companies’ use of visually appealing images to foster positive associations with their products.”

Italics mine

[–] Salamendacious 59 points 1 year ago (1 children)

Ahh yes the rarely used "jump off a bridge reversal" defense. If everyone jumped off a bridge would you do it too? Of course!

[–] [email protected] 9 points 1 year ago

At the very least I’d start checking for a monster chasing them off the bridge.

[–] Buddahriffic 41 points 1 year ago

"Systemic problems are OK!"

[–] [email protected] 29 points 1 year ago (1 children)

Everyone does drugs, can we stop punishing people for it?

[–] sock 4 points 1 year ago* (last edited 1 year ago)

woah woah woah how would we enslave minorities if we decriminalized drugs

be a little more empathetic to slave owners (prisons and by proxy the politicians) please

[–] [email protected] 6 points 1 year ago* (last edited 1 year ago) (6 children)

Not really, that's a minor part of the opinion. The more important part is they tell you how much food you're going to get of what kind and then they give you that food. I don't think anyone would be able to win a case on "my burger didn't look like the burger in the ad" because every burger looks a little different. Lots of things that are the same don't look the same and let's not suddenly pretend we get McDonalds for the appearance. They'd win false advertising if, say, a quarter pounder was only 2 oz.

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[–] [email protected] 6 points 1 year ago (1 children)

If you replace your underscores with asterisks, emphasis/italics should work as intended.

[–] [email protected] 2 points 1 year ago (3 children)

I am posting this from Voyager, does it not look correct? I did not underscore anything and added the italics for his quote.

[–] scottywh 3 points 1 year ago (6 children)
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[–] scottywh 3 points 1 year ago (2 children)

Nothing in your comment is italicized in Sync.

Does this line show up in italics for you?

[–] [email protected] 3 points 1 year ago (1 children)
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[–] bassomitron 2 points 1 year ago

It looks fine on Boost for Lemmy

[–] [email protected] 44 points 1 year ago (2 children)

America proves once again that we will allow just about anything if it makes corpos money.

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[–] Shazbot 32 points 1 year ago (8 children)

The advertising angle is likely what sank their case. Proving the food does not meet a technical specification, like not having a quarter pound of beef in a fully cooked patty, is easier to prove. But advertising has always been hyperbole.

[–] 2ncs 7 points 1 year ago (1 children)

A very important aspect that I think people overlook is that they use similar/same marketing photos of the food on their menu. That's not advertising, maybe that's what they will argue. If I look at a menu and they have a picture of the food, I'm going to expect I get what I see (within a margin) vs when I see an advertisement I expect it to be a bit hyperbolic.

[–] [email protected] 2 points 1 year ago (1 children)

You could argue that menus are just in-store advertising

[–] 2ncs 3 points 1 year ago (1 children)

A lot of things in stores have to add disclaimers about what is on the cover of the box vs what's on the inside. I don't see how fast food gets a pass on that. Or why people are just okay with it too.

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[–] Gradually_Adjusting 28 points 1 year ago

Hurray, they can keep showing us inedible objets d'art in food adverts!

[–] alienanimals 26 points 1 year ago* (last edited 1 year ago) (2 children)

The law favors corporate giants rather than real people? How surprising. Fuck McDonalds and Wendys

[–] Salamendacious 7 points 1 year ago (6 children)

I feel a little guilty because while I rarely eat fast food anymore Wendy's is my favorite

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[–] Adalast 3 points 1 year ago

Now, just to add more shit to that sandwich, remember what you said when you read that the Supreme Court has ruled several times that police officers ONLY duty is to uphold the law, and they have no duty or obligation to protect the citizens they police.

[–] gmtom 23 points 1 year ago (1 children)

"Case dismissed"

The judge said through a mouth full of big mac before banging his gavel and taking a completely unrelated briefcase full of money that the defendants just happened leave around.

[–] Salamendacious 5 points 1 year ago

That's an amazing visual

[–] [email protected] 21 points 1 year ago (2 children)

Did anyone really believe the corporate judge would do any differently?

[–] Salamendacious 8 points 1 year ago

Absolutely not. I remember when this was filled and I thought, "well this will be dismissed soon"

[–] [email protected] 7 points 1 year ago

Poor guy now has to take care of a new yacht

[–] [email protected] 16 points 1 year ago (1 children)

"This is so backwards" one would think and then one realizes that all advertising is deception.

The judge tacitly acknowledges this truth.

[–] [email protected] 6 points 1 year ago

I dunno, seems like the judge is explicitly acknowledging it.

[–] [email protected] 15 points 1 year ago (2 children)

Just, uh, stop giving these shitty companies your money and uh, problem solved!

[–] douglasg14b 6 points 1 year ago (1 children)

Ah yes, if only we did this one easy thing! It so easy!

If it was that easy/simple they would be out of business already. Unfortunately reality doesn't always line up with these "simple" solutions, as evidence by.... reality.

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[–] [email protected] 3 points 1 year ago

No. I'm, I'm simply saying that life, uh... finds a way.

[–] [email protected] 11 points 1 year ago (1 children)

The technical term is "puffery", which the FTC defines as "exaggerations reasonably to be expected of a seller as to the degree of quality of his product, the truth or falsity of which cannot be precisely determined."

[–] Salamendacious 4 points 1 year ago

I just recently became aware of that term. Thanks!

[–] [email protected] 7 points 1 year ago

they won, we all lost

[–] [email protected] 7 points 1 year ago (8 children)

I'm honestly confused. Didn't they show off before that they use the actual ingredients when doing photoshoots? Like no plastic or anything, just making the burger + good lighting, otherwise it's false advertising?

Of course if you then stick that burger into a tight squished wrapper it won't look the same, compared to serving it on a plate and setting it up nicely.

[–] Salamendacious 3 points 1 year ago* (last edited 1 year ago)

I think you're right I think some of the complaints was the advertisements show more ingredients in the sandwich so they appear larger than they actually are.

Non food items are allowed in commercials but not for the advertised product. The example I heard was Cheerios can use white glue as the milk in a cereal bowl because Cheerios don't sell milk. I need to look this stuff up more though.

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[–] [email protected] 4 points 1 year ago

When they’re ALL WRONG they gotta be right right?

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