# If a restaurant puts the wrong style fries in the menu image, is that false advertising?

**URL:** <https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555>\
**Category:** Factual Questions\
**Created:** [September 22, 2023, 7:27pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555 "2023-09-22T19:27:28Z")\
**Posts on this page:** 20\
**Page:** 6

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [October 1, 2023, 9:29pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/101 "2023-10-01T21:29:26Z")

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> [@Rilchiam](#):
>
> **Skywatcher** , no, those are cottage fries. The menu says as much.

Ah. I thought that might be a synonym for “chips”.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [October 5, 2023, 12:40pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/102 "2023-10-05T12:40:03Z")

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Not fries, burgers instead, smaller and less appetizing than they appear in commercials are not falsely advertised says the court. [McDonalds and Wendys win false advertising lawsuit.](https://www.cnn.com/2023/10/04/business/wendys-mcdonalds-false-advertising-lawsuit/index.html)

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**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\
**Post date:** [October 5, 2023, 8:26pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/103 "2023-10-05T20:26:12Z")

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There seems to be an ongoing current of thought among many consumers that “false advertising” is some kind of violation of the Prime Directive that does ( or should) result in the company being blown up by the FTC or some other consumer watchdog.

Not really.

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**Author:** ![JohnGalt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johngalt/32/184_2.png) [@JohnGalt](https://boards.straightdope.com/u/JohnGalt)\
**Post date:** [October 5, 2023, 9:40pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/104 "2023-10-05T21:40:57Z")

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When my kids were seniors in high school, I offered to accompany them to wherever they wanted to go. My daughter chose Italy, and two years later my son chose Japan. So you just have to have find some kids to take, then go! BTW the food in both places was great!

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**Author:** ![WildaBeast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wildabeast/32/6_2.png) [@WildaBeast](https://boards.straightdope.com/u/WildaBeast)\
**Post date:** [October 7, 2023, 10:55pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/105 "2023-10-07T22:55:03Z")

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So here’s a related question: Could it be considered false advertising if a restaurant has an old sign that mentions a food that is no longer on the menu?

Specifically, there’s an historic diner in downtown Sacramento that’s been there since 1940. There’s a probably equally old neon sign on the front of the building that reads:

Jim Denny’s  
Hamburgers  
Chili

Except they don’t actually have chili on the menu anymore (they do have hamburgers, of course). The place is a complete time capsule; there are also old wooden signs behind the counter listing things like “Fancy cheeseburgers 15¢” and “Fancy jumbo hot dogs 10¢”. I’m sure no reasonable person believes those signs are accurate; they’re obviously just left there for historical reasons. Would that same reasoning apply to the sign out front, that it’s just an historical sign, not the official menu? But I could also see someone going in there expecting to get some chili, because it’s on that sign, and then claiming false advertising.

Well, you can see photos in this article:

> **[Downtown Sacramento's iconic Jim Dennys is Back! • Sacramento News & Review](https://sacramento.newsreview.com/2021/07/01/downtown-sacramentos-iconic-jim-dennys-is-back/)**
>
> Timely reports from Sacramento News & Review writers on breaking news and big issues.

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**Author:** ![WildaBeast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wildabeast/32/6_2.png) [@WildaBeast](https://boards.straightdope.com/u/WildaBeast)\
**Post date:** [October 7, 2023, 11:29pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/106 "2023-10-07T23:29:05Z")

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Too late to edit, but I was wrong. They do have a cup of chili on the menu as a side. I missed it when I looked at their menu because I didn’t expect it to be listed under “sides”. But it makes since that you could order it, since they have it as a hot dog topping anyway.

I guess treat my earlier post as a hypothetical question.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [October 8, 2023, 3:58am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/107 "2023-10-08T03:58:15Z")

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> [@WildaBeast](#):
>
> So here’s a related question: Could it be considered false advertising if a restaurant has an old sign that mentions a food that is no longer on the menu?

I doubt it. I mean, false generally means you are lured into spending money on something which is under quality or overpriced. In a way extreme loss leaders could be fraud, and if they promised Moms special homemade chili but got it out of a can (bait and switch). Are you going to make a case you went there just because the sign said chili?

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [October 8, 2023, 11:01am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/108 "2023-10-08T11:01:35Z")

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If they sent a flyer to your home advertising “mom’s wonderful chili, really cheap” you might argue that you went there under false pretenses. If there’s a sign out front… Well, if you walk in and they don’t have chili, it’s pretty easy to walk out again. What did the consumer even lose?

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [October 8, 2023, 7:37pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/109 "2023-10-08T19:37:25Z")

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> [@puzzlegal](#):
>
> If they sent a flyer to your home advertising “mom’s wonderful chili, really cheap” you might argue that you went there under false pretenses.

I concur.

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**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\
**Post date:** [October 8, 2023, 9:12pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/110 "2023-10-08T21:12:05Z")

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> [@WildaBeast](#):
>
> Specifically, there’s an historic diner in downtown Sacramento that’s been there since 1940. There’s a probably equally old neon sign on the front of the building

Some, but not all, Carls Jr. locations have in display a circa 1950 menu board. It’s framed and in the dining area pretty far from the order counter so no reasonable person would expect to order from it.  
[![](https://i.pinimg.com/originals/67/41/fb/6741fb5c8a01f87691fee2602864f96d.jpg) ](https://i.pinimg.com/originals/67/41/fb/6741fb5c8a01f87691fee2602864f96d.jpg)

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**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\
**Post date:** [October 8, 2023, 9:13pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/111 "2023-10-08T21:13:51Z")

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Flagrant false advertising!!! 😡

(Or not so much.)

[![](https://img.youtube.com/vi/Pkp_Bli9Y84/hqdefault.jpg "The Simpsons - Flagrant False Advertising") ](https://www.youtube.com/watch?v=Pkp_Bli9Y84)

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**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\
**Post date:** [October 8, 2023, 9:56pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/112 "2023-10-08T21:56:55Z")

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> [@DesertDog](#):
>
> Some, but not all, Carls Jr. locations have in display a circa 1950 menu board. It’s framed and in the dining area pretty far from the order counter so no reasonable person would expect to order from it.

IHOP did the same, and might still have those posted in at least some restaurants. I haven’t been in an IHOP in about a decade.

They dated from the early 1960s when I was a little kid. They sure seem familiar in style, font, etc. At a buck for 2 eggs and a stack of pancakes with fruit, etc., the prices also feel about right for a kid just getting started on noticing stuff needed money.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [October 8, 2023, 10:09pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/113 "2023-10-08T22:09:43Z")

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[Puffery](https://www.legalmatch.com/law-library/article/puffery-laws.html) has been a legal concept since at least 1893. It lets businesses boost “World’s greatest pizza” without consequences.

The line between puffery and false advertisement is a thick grey one, subject to the ~~whims~~ discrimination of courts.

> **[Mere Puffery vs False Advertising: Recent Trends | JD Supra](https://www.jdsupra.com/legalnews/mere-puffery-vs-false-advertising-4747375/)**
>
> Free-range hens, sustainably sourced, and 100% Parmesan Cheese: At first glance, these phrases are indistinguishable from the countless marketing...

Probably none of the examples above fall into false advertising, because they’re not really making factual statements in a legal sense. But not even the Southern District of New York knows for sure.

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**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\
**Post date:** [October 23, 2023, 7:25pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/114 "2023-10-23T19:25:51Z")

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For wrong style fries, I wouldn’t care unless the new ones were wedge fries. I don’t like wedge fries. For a change to wedge fries, they should put warning stickers on the menu.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [October 23, 2023, 8:19pm UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/115 "2023-10-23T20:19:38Z")

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Yep. unless they are the breaded ones, like KFC used to serve.

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**Author:** ![smithsb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smithsb/32/12107_2.png) [@smithsb](https://boards.straightdope.com/u/smithsb)\
**Post date:** [October 25, 2023, 11:56am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/116 "2023-10-25T11:56:15Z")

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I will take all of your “wedge fries”, I’m guessing steak fries. Thank you, real 🥔 🥔 🥔!!

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**Author:** ![Rilchiam](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@Rilchiam](https://boards.straightdope.com/u/Rilchiam)\
**Post date:** [October 26, 2023, 4:09am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/117 "2023-10-26T04:09:23Z")

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No, I think wedge fries are shaped like a segment of orange. I don’t have a problem with that cut per se; it can be quite good if they’re cooked properly. But wedge fries tend to be the cut of choice for people who smother potatoes in seasonings/breading. Which I don’t like.

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**Author:** ![nightshadea](https://avatars.discourse-cdn.com/v4/letter/n/7ba0ec/32.png) [@nightshadea](https://boards.straightdope.com/u/nightshadea)\
**Post date:** [October 27, 2023, 6:20am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/118 "2023-10-27T06:20:43Z")

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my brother had a friend whose mom used to work in commercials … and he got to be in an ice cream commercial that iwasn’t as fun as he thought it was going to be because he found out that they don’t use real ice cream since it melts too fast under the lights

they used some form of shortening that needed a real high heat point to melt but since he had to "eat"the ice cream what they used was the “creamed” part of a sugar cookie recipe …it was sugar shortening and vanilla and a couple of other things … all dyed to the colors they needed

He did get a steady supply of ice cream for a couple of years tho since it was on local tv a lot

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**Author:** ![nightshadea](https://avatars.discourse-cdn.com/v4/letter/n/7ba0ec/32.png) [@nightshadea](https://boards.straightdope.com/u/nightshadea)\
**Post date:** [October 27, 2023, 6:22am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/119 "2023-10-27T06:22:16Z")

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> [@Rilchiam](#):
>
> No, I think wedge fries are shaped like a segment of orange. I don’t have a problem with that cut per se; it can be quite good if they’re cooked properly. But wedge fries tend to be the cut of choice for people who smother potatoes in seasonings/breading. Which I don’t like.

some places call that a"blossom" its really used or onions

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**Author:** ![Rilchiam](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@Rilchiam](https://boards.straightdope.com/u/Rilchiam)\
**Post date:** [October 27, 2023, 7:08am UTC](https://boards.straightdope.com/t/if-a-restaurant-puts-the-wrong-style-fries-in-the-menu-image-is-that-false-advertising/990555/120 "2023-10-27T07:08:17Z")

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No, a [potato blossom](https://wildflourskitchen.com/2014/09/22/blooming-baked-potato-blossoms/), like a blooming onion, has segments still attached to a center core. [Potato wedges](https://en.wikipedia.org/wiki/Potato_wedges) are loose.

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