Burger King Fights Back in Legal Battle Over Menu Item Sizes, Requests Sanctions

Burger King filed a motion to sanction the lawyers behind a proposed class action lawsuit accusing them of deceiving customers regarding the size of burgers and sandwiches. It argued that its menu images accurately represent the food served.

According to Reuters, Anthony Russo, one of the attorneys representing the plaintiffs, dismissed Burger King's request for sanctions, stating that it lacks merit.

Judge Keeps Majority of Claims Intact, Dismisses TV, Online Ad Claims

Burger King, a subsidiary of Restaurant Brands International, has been battling the case in a Miami federal court for over a year. Law 360 noted that the company has consistently denied allegations that their Whoppers and other offerings are smaller than advertised.

U.S. District Judge Roy Altman recently ruled on the case, maintaining most of the claims while dismissing those of TV and online advertisements. Judge Altman determined that Burger King did not explicitly promise a specific burger size or patty weight that it failed to deliver.

Accusations of Misleading Portrayal of Burger Size

The customers involved in the proposed class action lawsuit argue that Burger King intentionally portrays its burgers with overflowing ingredients that make them appear 35% larger and contain more than double the meat they do. Burger King contends that the food depicted on menu boards is meticulously crafted by trained professionals and photographed under optimal conditions.

The company maintains that the appearance of the food may differ when prepared quickly in a fast-food restaurant and then packaged for takeout. Burger King highlights a similar lawsuit filed by two plaintiffs' lawyers against Wendy's, dismissed in a Brooklyn federal court. This dismissal further supports Burger King's position that the claims lack substance.

Sanction Request Based on Unfounded Complaints

Burger King stresses that the food preparation and presentation for promotional purposes may differ from the final product customers receive.

In its motion for sanctions, Burger King argues that the lawyers' baseless allegations regarding the display of menu item photographs should not be considered unlawful. The company emphasizes that portraying appetizing food images is common in the industry.

Photo: Burger King Newsroom