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 ...
We considered it a perq with the $2.35 minimum wage.
In pics...billiard balls. In reality...golf balls
The one on 528 just south of Southern is pretty quick. Nice folks. Always down on staff but always friendly and good service. They're closed for remodeling. The Whopper still tastes better than anything McDs serves. Except maybe for the green chile cheese burger.
Can we sue the maker of the Wonder Bra for the same reason?
I don’t think I can materially overstate the size of the illness (a wonderful bout of Campylobacter) I suffered after consuming a BK Whopper back in 2000, which landed me in the hospital from December 5th - December 11th of that year.
Spent nearly four hours in the ER pre-admission because they got slammed that night, nurse assigned to me nearly let me keel over and die from severe dehydration and low blood pressure. She told my mom I was being ‘melodramatic’.
Male nurse finally came in, hooked me up to a big bag of LRs, and got me to my room. Enthused that I was now hopefully not going to croak, feeling a bit better, I watched from my bed as the town’s Christmas Parade was getting lined up and ready to go.
Just use smaller buns.
Even the Mexican workers who work in the back won't eat that crap even if its free.
I always order my double-meat whopper with Whopper Jr. buns!!
Hate to say it... But I actually miss Ralph Nader. He reset the advertising industry and made them ALL honest by exposing their BS. He was a one man Dept of weights and measures... lol :)
“”””But I actually miss Ralph Nader.””””
I sure don’t, he was a major player in ruining American life.
They lost me at the rainbow whopper
But he sure was good for making business honest...
so what are the damages? The 13 all get a dollar back? Really?
It’s not a class action suit according to this so I don’t see billions for the shysters like they get on these settlements where 20 million customers get about .49 and the lawyers get 10 million. Normally this type of thing is brought by the FTC and the company maybe get fined.
ridiculous whopper.
All I remember is the damage he was doing and the nice things he was taking from us, like freedom and affordable cars.
https://www.automotivehalloffame.org/honoree/ralph-nader/
Every restaurant has been doing this for decades. Most people know that.
Well, now’s your chance.
That’ll be 1/3rd of your settlement for my legal advice.
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.