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 ...
The fact that this case has made it so far in the courts has encouraged me. Up to now, when the food at a place didn’t meet my expectations, I just went to a better place. I have had diner and truck-stop hamburgers that looked like the pictures on the menu, and tasted better than the stuff at BK. But all that has done is get me better and more appealing food. It hasn’t added any dough to my bank account.
LOL!
Maybe in response just start using smaller buns. There used to be a BK nearby (within the context of The Boonies) but the pot smoke pouring out of the drive through window *may* have been a factor in its disappearance a few years ago.
Apparently on or near that site there will be a Wendy's going in, which will be great. But honestly, I prefer to pay a (****ed) few extra bucks and just get a bar burger once in a while. And the proprietors are locals.
I was hoping someone was suing them over that creepy king.
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