A federal judge has rejected Burger King’s bid to dismiss a lawsuit claiming that the fast-food chain is falsely advertising its Whoppers as being larger than they actually are.
The lawsuit, filed by a group of customers in Florida, alleges that Burger King’s in-store menu boards and online ads make the Whoppers appear to be much larger than they are in reality. The plaintiffs say that they were misled by the advertising and that they paid more for the Whoppers than they would have if they had known the true size of the burgers.
U.S. District Judge Roy Altman in Miami said Burger King must defend against a claim that its depiction of Whoppers on in-store menu boards mislead reasonable customers, amounting to a breach of contract.
Customers in the proposed class action accused Burger King of portraying burgers with ingredients that “overflow over the bun,” making it appear the burgers are 35% larger and contain more than double the meat than the chain serves.
Burger King, a unit of Restaurant Brands International, countered that it wasn’t required to deliver burgers that look “exactly like the picture,” but the judge said it was up to jurors to “tell us what reasonable people think.”
“The plaintiffs’ claims are false,” Burger King said in a statement on Tuesday. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide.”
McDonald’s and Wendy’s are defending against a similar lawsuit in the Brooklyn, New York federal court. The plaintiffs’ lawyer there on Monday cited Altman’s opinion to justify letting that case continue.
Taco Bell, a unit of Yum Brands, was sued last month in the Brooklyn court for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.
Each lawsuit seeks at least $5 million in damages.
UNITED STATES: District judge rejects Burger King's attempt to dismiss lawsuit that claimed it cheated customers by making its Whopper appear bigger than it actually is. pic.twitter.com/4HYLukZLmG
— The Spectator Index (@spectatorindex) August 30, 2023
