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 ...
Had Taco Bell for the first time, last month, since 2020. They need a good lawsuit, too. Yikes.
Well what could their damages be to recover from this tragedy? $5 refund because the burger was smaller than they anticipated?
At the fast-food counter, I often (jokingly) ask, “Does #4 look like that picture?”
They laugh, too.
The Big Mac is also pathetic looking.
There are professional food artists who compose the pictures.
ENTIRELY INDEPENDENTLY...
A few members of my family on a recent road trip stopped by a Burger King to grab a bite, and told me later, with great disdain, that “a bite” was just about all there was to the burgers they grabbed.
To sum this up: BK is selling “sliders” as “hamburgers.”
Pretty much.
A bold admission.
Respect.
It’s so you know what’s in there.
I agree.
Another stupid lawsuit that will make food more expensive for all of us...
I like appropriately sized buns.
Neither undersized nor oversized.
The meat size is the issue.
Yes back when BK when really flame broiled and you could get it your way fast.
WTF is dat?
I had a Whopper the other day which I haven’t had in years. Not impressed, even the onion rings weren’t good.
We won’t have room on the court dockets for millions of individual due process court appeals for criminal illegals because of the important burger crisis. Clear the calendars.
Watch the Supreme Court make a quick move to hear this and rule on it while we wait weeks more for the illegals rulings by district judges.
What a country.
Annnd??
Noun
whopper (plural whoppers)
(informal) Something remarkably large.
(informal) An outrageous or blatant lie.
this kind of shakedown by the plaintiff‘s bar is the original lawfare.
rather than attacking political opponents the objective is to extort wealth from the builders and makers in society.
nice wealth-creating socially beneficial business you got there. hiring people, paying taxes, providing goods and services to willing customers. Can’t have that! be a shame something happened to it.
2 Whopper Jr’s for $5
3 for $7
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