A new federal lawsuit from a McDonald’s (MCD) and Wendy’s (WEN) customer claims the two fast food chains are falsely advertising the size of their beef patties and sandwich toppings.

In a proposed class action filed in New York, a customer named Justin Chimienti says the two fast food giants should compensate him and others who bought certain sandwiches based on their print and video ads. The lawsuit comes after Burger King got hit with similar claims last month by the same attorney.

“Wendy’s materially overstates the amount of toppings and the size of the beef patties for nearly every menu item in its current advertisements,” the lawsuit states.

Wendy's misleads consumers through ads featuring undercooked patties that make the meat on 16 different sandwiches appear 15%-20% larger than those sold in their stores, the suit contends.

“McDonald’s also materially overstates the size of its beef patties using the same deceptive practice as Wendy’s,” Chimeienti goes on to claim.

Nearly every item on its menu, including its cheeseburgers and hamburgers, the Big Mac, Quarter Pounder, and McDouble, are falsely advertised, he says.

To bolster the allegations, the lawsuit mentions food stylist, Ellie Stern, whose clients include McDonald’s and Wendy’s. Stern said in an interview with MoneyTalksNews that she uses the undercooked method to prepare sandwiches for photo shoots.

“In general, meat shrinks 25% when cooked, depending upon the amount of fat and liquid contained in the meat,”...

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