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Burger King must face lawsuit over Whopper ads
Reuters/Yahoo ^ | May 6, 2025 | Jonathan Stempel

Posted on 05/06/2025 2:34:27 PM PDT by lowbridge

Burger King must face a lawsuit claiming it misleads customers with advertisements that make its Whopper sandwich and other products appear larger than they are.

In a decision on Monday, U.S. District Judge Roy Altman in Miami found it plausible that "some" reasonable consumers in the proposed class action could be deceived by Burger King's ads.

Nineteen customers from 13 states accused Burger King of materially overstating the size of nearly all menu items in its in-store and online ads.

They cited its alleged portrayal of burgers that "overflow" the buns, with the Whopper appearing 35% larger than the actual burger and containing more than double the meat.

Burger King acknowledged that its photographers "styled sandwiches more beautifully" than workers do in restaurants, but said reasonable consumers know the point of menu board photos is to make items appear as appetizing as possible.

Altman nonetheless found allegations that Burger King's ads "go beyond mere exaggeration or puffery."

He distinguished the case from a similar lawsuit against McDonald's and Wendy's that a Brooklyn, New York, federal judge dismissed in September 2023.

Altman said Burger King allegedly overstated the size of its products "to a much greater degree," including in post-2017 ads where the Whopper appeared larger than in earlier ads.

Burger King is a unit of Toronto-based Restaurant Brands International, whose brands also include Tim Hortons, Popeyes and Firehouse Subs.

"The plaintiffs' claims are false," Burger King said in a statement on Tuesday. "The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S."

(Excerpt) Read more at finance.yahoo.com ...


TOPICS: Chit/Chat; Food
KEYWORDS: 66to33; burgerking; floriduh; judgewatch; royaltman; sdflorida; toostupidtolive; trumpjudge

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1 posted on 05/06/2025 2:34:27 PM PDT by lowbridge
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To: lowbridge

Maybe the ad bun sizes are underrepresented?


2 posted on 05/06/2025 2:35:32 PM PDT by Paladin2 (YMMV)
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To: lowbridge

3 posted on 05/06/2025 2:37:03 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: lowbridge

I was in high school when BK rolled into town. They were huge. Now, not so much.


4 posted on 05/06/2025 2:37:15 PM PDT by Flaming Conservative ((Pray without ceasing)
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To: lowbridge

“ “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S.””

Is Burger King alleging that their burgers are the same size of the ads, but the buns are smaller?


5 posted on 05/06/2025 2:37:20 PM PDT by EQAndyBuzz (Democrats are not part of the solution. They are part of the problem.)
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To: lowbridge

6 posted on 05/06/2025 2:37:31 PM PDT by BipolarBob (AA told me to quit hanging around drunks. So I quit going to AA, cuz that's where they were.)
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To: Paladin2
Maybe the ad bun sizes are underrepresented?

Maybe they put Whopper Jr. buns on the Whopper Sr. burgers?

-PJ

7 posted on 05/06/2025 2:37:50 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Political Junkie Too
Look at the pictures on the boxes of frozen dinners in the supermarket freezers.

Then look at what you really get.

8 posted on 05/06/2025 2:40:27 PM PDT by Mogger ( 7th generation Vermonter, refugee in New Hampshire hoping NH remains sane.)
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To: lowbridge

For a very brief time in my yout’, BK burgers stood head and shoulders above McD. Revisiting the place(s) years later was an occasion of revulsion for either.


9 posted on 05/06/2025 2:40:46 PM PDT by Sirius Lee ("Never argue with a fool, onlookers may not be able to tell the difference.”)
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To: lowbridge

Americans are too stupid to live.


10 posted on 05/06/2025 2:43:43 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: lowbridge

Don’t like the lawsuit, but what is it about Burger King? Something wrong with it. What happened to that goofy “king” character? Doesn’t work.


11 posted on 05/06/2025 2:43:49 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: lowbridge
Burger King must face a lawsuit claiming it misleads customers with advertisements that make its Whopper sandwich and other products appear larger than they are.

Does that mean Hunter Biden can be sued for photos he sent making his "product appear larger than" it is?

12 posted on 05/06/2025 2:43:58 PM PDT by Tell It Right (1 Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: lowbridge

Whopper, fries and a drink: I have a coupon for $7.49.


13 posted on 05/06/2025 2:44:13 PM PDT by ComputerGuy
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To: lowbridge

And now everyone will end up paying for this civil lawsuit . The plaintiffs will get a free shake or burger. The lawyers millions.


14 posted on 05/06/2025 2:44:20 PM PDT by willk (Local news media. Just as big an enemy to this country as national media)
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To: lowbridge
Nineteen customers from 13 states...

TRANSLATION: The ambulance-chasers went to 13 states to recruit plaintiffs.

15 posted on 05/06/2025 2:44:57 PM PDT by E. Pluribus Unum (Democrats are the Party of anger, hate and violence.)
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To: lowbridge

Haven’t gone to BK in 25 years or more. I think they are the worst of fast food.


16 posted on 05/06/2025 2:45:02 PM PDT by Aut Pax Aut Bellum (I sure am getting what I voted for!)
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To: Paladin2

“Maybe the ad bun sizes are underrepresented?”

Undersized buns....I like big buns and I cannot lie, you other brother’s try to deny....


17 posted on 05/06/2025 2:46:08 PM PDT by GenXPolymath
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To: Magnum44

Clara was great! That’s probably one of the best ads of all time.


18 posted on 05/06/2025 2:46:15 PM PDT by FamiliarFace (I got my own way of livin' But everything gets done With a southern accent Where I come from. TPetty)
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To: lowbridge
Yum!


19 posted on 05/06/2025 2:46:19 PM PDT by Fresh Wind (Kamala defines herself in just 4 words..."Nothing comes to mind.")
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To: lowbridge
My big screen tv makes the food look enormous!

Who can I sue?

$$$$$


20 posted on 05/06/2025 2:47:49 PM PDT by airborne (Thank you Rush for helping me find FreeRepublic! )
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