As Nation's Restaurant News reported, both McDonald's and Burger King have several pending lawsuits that allege "misrepresentation and false advertising for claiming the food they serve is safe." The claim arises from a Consumer Reports study that discovered a lot of fast food packaging contains harmful substances known as PFAS (per- and polyfluoroalkyl substances).

The study shows that these "forever chemicals" help durability in food packages, but they have been linked to various health problems. While the lawsuits do mention the health impact of PFAS, the claim focuses on the allegedly deceptive business practices, which can be easier to prove in court than the claim on health issues.

The current lawsuits allege that the corporations intentionally mislead consumers through their everyday use of the various wrappers, bags, and other items. The pending litigation against McDonald's looks to prove the argument of "profits over people," with its claims that the corporation's "willful use" of PFAS packaging violates various consumer protection acts.