Ever feel like the burger in the picture looks a little… more than what you actually get? Well, you’re not alone. Burger King is now facing a legal battle over claims that its mouthwatering Whopper advertisements pump up the patty and plump the produce to a degree reality can’t quite match. A judge has ruled that the fast-food giant must answer for these allegedly supersized illusions, setting the stage for a potentially juicy courtroom showdown.
Burger King hit with lawsuit alleging exaggerated Whopper sizes
Burger King is facing a class action lawsuit over allegations that its Whopper looks far more substantial in advertisements than in real life. The case, Coleman et al v. Burger King Corp., is being heard in the U.S. District Court for the Southern District of Florida (Case No. 22-20925).
On Monday, U.S. District Judge Roy Altman in Miami ruled that it is “plausible” some reasonable consumers could be misled by the fast-food chain’s promotional images. The suit, brought by 19 customers from 13 states, claims Burger King significantly exaggerated the size of its menu items in both in-store and online advertisements.
The plaintiffs argue that Burger King’s burgers are depicted as “overflowing” their buns, with the Whopper in particular appearing 35% larger and shown with more than twice the actual amount of meat.
While Burger King admitted its marketing team “styled sandwiches more beautifully” than restaurant staff, the company defended the practice, asserting that “reasonable consumers know the point of menu board photos is to make items appear as appetizing as possible.”
Judge Altman, however, found that the complaint describes advertising that “go[es] beyond mere exaggeration or puffery.” He noted the difference between this case and a similar lawsuit against McDonald’s and Wendy’s, which a federal judge in Brooklyn dismissed in September 2023. Altman pointed out that Burger King’s alleged exaggerations are more extreme, particularly in advertisements released after 2017, where the Whopper appears noticeably larger than in earlier campaigns.
Plaintiffs’ attorney Anthony Russo welcomed the decision, expressing satisfaction with the ruling. However, Burger King is outright denying the accusations.
“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.”
As of this writing, there is no publicly available information regarding the next hearing date in the class-action lawsuit against Burger King, which is owned by Toronto-based Restaurant Brands International, whose portfolio also includes Tim Hortons, Popeyes, and Firehouse Subs.
Subway faces a similar class action lawsuit over allegedly misleading ads
Subway also faces a class-action lawsuit filed in October 2024 in the U.S. District Court for the Eastern District of New York. The case, Tollison v. Subway Restaurants Inc et al (Case No. 24-07495), was initiated by Queens resident Anna Tollison. She alleges that Subway’s advertisements for its Steak & Cheese sandwich are “grossly misleading,” depicting sandwiches with at least 200% more meat than what is served to customers.
Tollison claims she paid $7.61 for a sandwich that contained significantly less meat than advertised. The lawsuit argues that such advertising practices are particularly concerning amid high inflation and food prices, disproportionately affecting lower-income consumers.
Subway has not publicly commented on the lawsuit. The company, now owned by Atlanta-based private equity firm Roark Capital, has faced similar legal challenges in the past, including lawsuits over the length of its “footlong” sandwiches and the sugar content of its bread.
Source: Reuters
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