Customers want to know just how much meat is in their Whopper — and they're taking their fight to court.
Plaintiffs' attorneys largely file the cases in the same courts in New York, California and Illinois, she said, where federal courts are less likely to dismiss them outright.While the case against Burger King was filed in Miami, where its parent company has its U.S. headquarters, one of the attorneys who filed it has similar cases pending in New York against McDonald's, Taco Bell and Wendy's. That attorney, James Kelly, didn't respond to a message seeking comment.
Others say growing consumer awareness is behind the trend. Social media can instantly make a photo of a soggy sandwich go viral, informing other potential plaintiffs, said Jordan Hudgens, the chief technology officer for Dashtrack, an Arizona-based company that develops restaurant websites.Ben Michael, an attorney with Michael and Associates in Austin, Texas, said inflation also might be making restaurants a target right now, since some may have cut back on portion sizes to cut costs.
A Burger King spokesperson said the plaintiffs' claims are false, and that the beef patties in its ads are the same ones it serves across the U.S. Nair said it's unclear how the case will be resolved. Generally, she said, cases against fast food giants have been hard to win. Unlike boxes of cereal or sodas, every sandwich is different, and some might look more like the images on menu boards than others. The U.S. Supreme Court hasn't weighed in on these issues, so they've been decided on a court-by-court basis.
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