A class action lawsuit claims Burger King's advertising made its menu options appear to be larger servings than they really are.
A federal judge in Florida has ruled that Burger King will have to go to trial to defend itself in a class action lawsuit claiming the compapny used deceptive advertising to make it appear its Whopper was bigger than it really is.
MIAMI, Fla. -- A class action lawsuit claiming Burger King used deceptive advertising to make it appear its Whopper was really a whooper of a sandwich can go to trial, a judge has ruled. The case accuses Burger King of making ads that overstate the amount of meat in its Whopper burger and other sandwiches. It is just the latest to target the food industry. McDonald’s, Wendy’s, Taco Bell and Buffalo Wild Wings are among those sued over their advertising in recent years. Perkins Coie, a law firm that tracks class action suits, said 214 were filed against food and beverage companies in 2022 and 101 were filed in the first six months of this year,Burger King is accused of making Whoppers appear twice as large in advertisements and photos on store menu boards, while the actual burgers served to customers are 35% smaller than those marketed,“Burger King advertises its burgers as large burgers compared to competitors and containing oversized meat patties and ingredients that overflow over the bun,” AP said, quoting the court filing. “Although the size of the Whopper and the beef patty increased materially in Burger King’s advertisements, the amount of beef or ingredients contained in the actual Whopper that customers receive did not increase,” it said. The plaintiffs said they wouldn’t have bought the sandwiches if they had known the actual size. Florida attorney Anthony Russo, representing plaintiffs from Florida, New York, Illinois, Massachusetts, Michigan, California, Connecticut, Ohio, Kentucky, Mississippi, Pennsylvania and Arizona, brought the case in federal court in Miami, where Burger King is headquartered.Quoting its own marketing materials, Burger King noted to AP that the asterisk that accompanies the claim that its Whopper Sandwich is “¼ lb* of savory flame-grilled beef” points to a disclaimer clarifying that the weight refers to that of the precooked patty. “Plaintiffs do not and cannot contend that BKC delivered them less than a quarter pound of beef with any Whopper or Big King,” Burger King said. “They argue, instead, that they ‘expected’ more beef, ostensibly because of the protruding patties in the pictures.” U.S. District Judge Roy Altman dismissed some claims in August, ruling the plaintiffs cannot argue that television or online ads constituted a “binding offer” from Burger King, because they don’t list a price or product information. But Altman held that plaintiffs could argue that the images on the menu boards represented a binding offer. He also didn’t dismiss claims of negligent misrepresentation. Altman said it will be up to a jury to determine if the difference between products received and advertised were “enough to alter the purchasing preferences of reasonable American consumers,” USA Today reported Ultimately, the Burger King case and others could cause companies to be more careful with their ads, Jeff Galak, an associate professor of marketing at Carnegie Mellon University’s Tepper School of Business, told AP. But that could come at a cost; more realistic photos might lead to lower sales. “There’s a legal line. When is it puffery and when is it deceit?” Galak said. “Companies are always trying to ride right up against that line.” If you purchase a product or register for an account through one of the links on our site, we may receive compensation. By browsing this site, we may share your information with our social media partners in accordance with our
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Burger King Faces Lawsuit for Exaggerating Size of WhoppersA district judge in Miami said the fast food giant must defend itself against claims that it is exaggerating the size of its Whoppers.
Read more »
Burger King faces lawsuit claiming it makes its Whoppers look larger on ads, menu boardsThe class action lawsuit alleges Burger King uses photos of the Whopper in advertisements and on its menu boards that make it look much larger than it actually is.
Read more »
Claims of false Whopper size leads to lawsuit for Burger King: reportsThe chain is being accused of portraying the Whopper as having ingredients that “overflow the bun,” making it appear 35 percent larger overall.
Read more »
Dallas’ best burger spot, Burger Schmurger, moves to new restaurantWherever Burger Schmurger goes, food fanatics will follow: The Dallas Morning News said the Maverick burger was Dallas’ best burger in March 2023.
Read more »
Burger King's Whopper isn't whopping enough, customer lawsuit allegesBurger King customers have beef with how the brand advertises its Whopper, according to a new lawsuit.
Read more »
Food ads are in the crosshairs as Burger King, others face lawsuits for false advertisingFood ads have long made their subjects look bigger, juicier and crispier than they are in real life.
Read more »