Do you think the chain's burger ads constitute consumer fraud?
," plaintiffs even provide an estimate of the exact difference in size between the chain's actual burgers and its burgers-as-marketed: 35%. Since at least September 2017, Burger King has misled customers with advertisements for burgers that appear to"overflow over the bun," the suit alleges. It goes on to estimate that the burgers depicted in the fast-food giant's promotional ads are 35% bigger than the real thing, and contain"more than double the meat.
Based on Burger King's"overstated menu items," the plaintiffs are suing the burger chain for"breach of contract, negligent representation, and unjust enrichment." In addition to damages, the plaintiffs are seeking a court order for Burger King to stop misrepresenting the size of its burgers and sandwiches.
The suit has not yet been granted class-action status, but it seeks to represent anyone who believes they were misled by Burger King's advertising since September 2017. At least 100 plaintiffs have already joined in.
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