Wurtzburger alleged she purchased KFC’s “fill up” bucket meal advertised as consisting of “an eight piece bucket of chicken,” relying on the advertisement’s depiction of a bucket that may have appeared to be overflowing with chicken.  However, when she received the meal and discovered that the bucket’s eight pieces of chicken did not fill the bucket to the rim, she sued KFC under New York’s General Business Law §§ 349, 350 and the federal Food, Drug, and Cosmetic Act for purportedly misleading consumers.  She claimed that KFC either should have used a smaller bucket such that the eight pieces of chicken would have filled it to the rim, or given her more chicken than the bargained-for eight pieces to fill the larger bucket.

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