Burger King is set to face a lawsuit that alleges the fast food giant misled customers by displaying its Whopper burger as larger on its menus than it is in reality. The class action lawsuit contends that Burger King falsely portrayed the Whopper with a meatier patty and overflowing ingredients on the bun, creating an impression that the burgers are 35% larger and contain significantly more meat than they actually do.
In response to the lawsuit, Burger King denied the claims, stating that the plaintiffs’ assertions are false. The fast food chain had previously asserted that it was not obligated to provide burgers that precisely matched the appearance depicted in advertising materials.
US District Judge Roy Altman emphasized that the determination of whether Burger King’s advertising practices were misleading falls within the purview of jurors. He stated that it is up to reasonable people to decide what constitutes deceptive advertising.
A spokesperson for Burger King reaffirmed that the flame-grilled beef patties showcased in their advertising are the same patties used in the millions of Whopper sandwiches served across the nation. The Whopper burger is described by Burger King as a “real meaty” beef patty containing a variety of ingredients that is promoted as “the burger to rule them all” on the company’s website.
This lawsuit follows a trend of legal actions against fast food chains in the US over allegations of false advertising. Similar lawsuits have been filed against other major chains such as McDonald’s, Taco Bell, and Wendy’s. In the past year, a class-action lawsuit was brought against McDonald’s and Wendy’s, accusing both companies of unfair and deceptive trade practices. The lawsuit asserted that the actual size of their burgers was at least 15% smaller than depicted in advertisements.
The legal action against Burger King highlights the increasing scrutiny placed on the accuracy of advertising in the fast food industry and the potential consequences for misrepresentation.