McDonald’s and Wendy’s have defeated a lawsuit accusing them of deceiving hungry diners by exaggerating the size of their burgers.

In a decision on Saturday, U.S. District Judge Hector Gonzalez in Brooklyn found no proof that the fast-food chains delivered smaller burgers than advertised, or that the plaintiff Justin Chimienti had even seen ads for the McDonald’s Big Mac and Wendy’s Bourbon Bacon Cheeseburger he bought.

Chimienti, a resident of Long Island’s Suffolk County, said McDonald’s and Wendy’s ads depicted undercooked beef patties because meat shrinks 25% when cooked.

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