Burger King faces legal action as a US judge rejects its attempt to dismiss claims that its Whopper burgers are smaller than they appear on in-store menus. The fast-food chain is accused of misleading customers, alleging a breach of contract due to the discrepancy between advertised and actual sizes.
Customers in the proposed class action assert that advertisements give the impression that the Whopper’s ingredients “overflow over the bun,” creating a visual impression that the burgers are 35% larger and contain more than double the meat served. In response, Burger King argued that its burgers need not precisely resemble the promotional images.
However, US District Judge Roy Altman determined that it is the jury’s role to ascertain what reasonable customers perceive. A spokesperson from Burger King countered the allegations, stating that the beef patties shown in advertising mirror those in the millions of Whopper sandwiches served nationwide.
The lawsuit, initiated by Anthony Russo, a South Florida lawyer, alleges that Burger King started exaggerating the size of its burgers in images around September 2017. Prior to that period, the lawsuit contends, the company depicted its food products more accurately.
This incident is not the first time Burger King has faced accusations of exaggerating food portions in its ads. In 2011, the UK’s advertising regulator upheld complaints that the burgers were significantly thinner and smaller than advertised.
The lawsuit, seeking class action status, aims to secure monetary damages and a court order to halt Burger King’s alleged deceptive practices. While Judge Altman dismissed claims that TV and online advertising also misled customers, the ruling is influencing similar lawsuits against McDonald’s and Wendy’s in New York.
Last month, Taco Bell was sued for allegedly selling Crunchwraps and Mexican pizzas with only half the advertised filling. These cases demand $5 million each in damages.
