ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, October 28, 1994                   TAG: 9410280076
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A4   EDITION: METRO 
SOURCE: KNIGHT-RIDDER/TRIBUNE
DATELINE: PHILADELPHIA                                 LENGTH: Medium


PHILADELPHIA GETS THE SKINNY; WENDY'S GETS FINED

That little old lady who used to shill for Wendy's Old Fashioned Hamburgers wasn't the last person to ask ``Where's the beef?''

On Wednesday, city Licenses and Inspections Commissioner Bennett Levin asked it of Wendy's itself, and, when the answer came up short, he seized 984 burgers for being just a small bite or two under their advertised weight - and distributed them throughout the city to homeless shelters and an emergency foster-care center.

Inspectors from his department found that a sample of 24 uncooked hamburgers advertised as quarter-pounders actually weighed as much as a quarter of an ounce less.

They confiscated three crates of burgers from the Wendy's at 6001 N. Broad St., and assessed $98,400 in fines, at a rate of $100 a burger, in accordance with federal Department of Agriculture guidelines.

A spokesman for Wendy's said Wednesday's action was the first time any Wendy's had ever been so cited in the company's 25-year history. He vowed to fix the problem, noting that the missing meat amounted to ``less than ten one-thousandths of a pound.'' He attributed the short weights to ``evaporation of moisture that occurs whenever you use the finest fresh ground beef.''

Wednesday's action was no gimmick, Levin said, but is part of a campaign to check the claims of all the city's restaurants and supermarkets.

``We're trying to tell the people of this city that when they buy something they can do it with confidence,'' he said.

``People work hard for their money, and if you beat the public for a penny or so on each unit you sell, it's going to add up. Sooner or later, you're going to get caught.''

Levin said similar inspections earlier this year found short-weighted burgers at one McDonald's in Philadelphia and at several other local restaurants.

The McDonald's fast-food restaurant still must get a second visit before any action might be taken, Levin said. For Wendy's, the second visit came Wednesday.

The first came in August, after which Levin sent a ``Dear Dave'' letter to Wendy's president David Thomas. In it, Levin informed Thomas that the quarter-pound beef patties at the North Philadelphia restaurant had been found as much as 1/8 ounce short of their advertised weight.

``Please consider this my invitation to visit our fair city, because some of our citizens are asking, `Where's the Beef?''' Levin wrote.

Levin received no reply.

Wednesday, executives at Wendy's national headquarters in Dallas said they were embarrassed by the whole affair.

``We believe we made an honest mistake,'' said Denny Lynch, the company's vice president of communications. ``There's nothing wrong with the product, so I'm glad they put it to good use and gave it away.''



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