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Justin Chimenti

went to a


to eat a

Big Mac

when he took a tasteless bite: the hamburger was smaller than what he had seen in the ads.

This upset not only took him on "the clown's chain", but it also happened to him with the cheeseburger, bourbon and bacon that he bought at



It wasn't as big or juicy as advertised.

Given this, he decided to denounce both fast food franchises.

Chimienti accuses the chains of

defrauding consumers

with ads that make hamburgers appear larger than they really are.

The proposed class action lawsuit filed in

Brooklyn federal court

is similar to a lawsuit filed in March by the same three law firms against

Burger King

in Miami.

Justin Chimenti says that the ads use virtually uncooked meat to make it appear 15-20% larger.

The complaint says

meat shrinks 25% when cooked

and cites a food stylist who has said she has worked for McDonald's and Wendy's and that the chains prefer to use undercooked burgers because fully cooked burgers are "less appetizing." .

The consumer maintains that

both franchises exaggerate the size of the meat

and that at Wendy's they also inflate the amount of ingredients.

"Defendants' actions are especially concerning now that


, food and meat prices are soaring, and many consumers, especially low-income consumers, are struggling financially," the lawsuit says.

McDonald's and Wendy's have not immediately responded to requests for comment from Reuters.

Chimienti's attorney has also made no further comment.

The lawsuit seeks compensation for unspecified damages for alleged violations of consumer protection laws across the country.

In a conference call with analysts on April 28, McDonald's

CEO Chris Kempczinski

said that low-income consumers likely faced "increased value sensitivity" as rents and gas prices rise.

Meanwhile, Wendy's CEO

Todd Penegor

told analysts on May 11 that "consumers are noticing inflation."

Burger King

, part of Restaurant Brands International Inc, has yet to formally respond to the Miami lawsuit.

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