Burger King Faces Lawsuit Over Whopper Size Depiction; Sets Precedent for Fast-Food Advertising Claims

A U.S. court ruled against Burger King's attempt to quash a lawsuit alleging deceptive advertising, claiming the Whopper appeared larger in ads. This decision may influence similar cases involving major fast-food chains.

U.S. District Judge Roy Altman, presiding over the case in Miami, ruled that Burger King must face legal action regarding allegations that its in-store menu boards falsely portrayed the Whopper. The judge stated that the depiction misleads reasonable customers, potentially constituting a breach of contract.

The proposed class action, representing customers who felt deceived, accuses Burger King of showcasing burgers with overflowing ingredients that give the impression of being 35% larger and containing more than double the amount of meat served.

In response, Burger King, a subsidiary of Restaurant Brands International, argued that it is not obligated to deliver burgers that look "exactly like the picture." Judge Altman insisted that it is up to the jurors to determine what reasonable people would think.

In his official decision on Friday, Judge Altman permitted the customers to proceed with claims based on negligence and unjust enrichment. However, he dismissed claims revolving around TV and online ads, as none promised a specific burger size or weight and failed to deliver on those promises.

Burger King and its legal representatives did not immediately respond to requests for comment. Similarly, the plaintiff's lawyer was not available for comment then. Prior attempts to mediate a settlement between the parties have proven unsuccessful.

This ruling holds implications beyond Burger King. Other fast-food chains, including McDonald's and Wendy's, are battling similar lawsuits in a federal court in Brooklyn, New York. The plaintiff's attorney in the ongoing case referenced Judge Altman's opinion to substantiate continuing the proceedings.

Further, Taco Bell, a subsidiary of Yum Brands, recently faced a legal challenge in the Brooklyn court. The lawsuit alleges that the popular chain sells Crunchwraps and Mexican pizzas with only half the filling advertised.

Each lawsuit seeks a minimum of $5 million in damages, shedding light on the ongoing battle between consumers and fast-food giants over truthful advertising practices.

Photo: Burger King Newsroom