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 ...
Click here: to donate by Credit Card
Or here: to donate by PayPal
Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
Thank you very much and God bless you.
Maybe the ad bun sizes are underrepresented?
I was in high school when BK rolled into town. They were huge. Now, not so much.
“ “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?
Maybe they put Whopper Jr. buns on the Whopper Sr. burgers?
-PJ
Then look at what you really get.
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.
Americans are too stupid to live.
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.
Does that mean Hunter Biden can be sued for photos he sent making his "product appear larger than" it is?
Whopper, fries and a drink: I have a coupon for $7.49.
And now everyone will end up paying for this civil lawsuit . The plaintiffs will get a free shake or burger. The lawyers millions.
TRANSLATION: The ambulance-chasers went to 13 states to recruit plaintiffs.
Haven’t gone to BK in 25 years or more. I think they are the worst of fast food.
“Maybe the ad bun sizes are underrepresented?”
Undersized buns....I like big buns and I cannot lie, you other brother’s try to deny....
Clara was great! That’s probably one of the best ads of all time.
Who can I sue?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.