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Key Points
- A class action brought in the US claims Burger King is making Whoppers smaller than advertised.
- A US judge has rejected Burger King’s bid to dismiss the lawsuit, and the company must now face the claims in court.
- Burger King says it isn’t required to deliver burgers that look “exactly like the picture”.
A US judge has rejected Burger King’s bid to dismiss a lawsuit claiming that it has cheated hungry customers by making its Whopper burger appear larger than it actually is.
US District Judge Roy Altman in Miami said Burger King must defend against a claim that its depiction of Whoppers on in-store menu boards misleads reasonable customers, which amounts to a breach of contract.
In Australia, Hungry Jacks operates as a franchise of Burger King.
The customers who brought the class action suit say Burger King’s promotional images show ingredients that “overflow over the bun”, making it appear as if the burgers are 35 per cent larger and contain more than double the meat than the chain actually serves.
Burger King, a unit of Restaurant Brands International, countered that it wasn’t required to deliver burgers that look “exactly like the picture”, but the judge said it was up to jurors to “tell us what reasonable people think”.
In his decision, which was made public on Friday, Altman also let the customers pursue negligence-based and unjust enrichment claims.
He dismissed claims based on TV and online advertisements, finding no Burger King ads that promised a burger size or patty weight that the company failed to deliver on.
“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 Whopper sandwiches we serve to guests nationwide.”
Earlier efforts to mediate a settlement proved unsuccessful.
McDonald’s and Wendy’s are defending against a in a federal court in Brooklyn, New York. The plaintiffs’ lawyer there on Monday cited Altman’s opinion to justify letting that case continue.
Taco Bell, a unit of Yum Brands, was sued last month in the Brooklyn court for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.
Each lawsuit seeks at least $US5 million ($7.72 million) in damages.
A lawyer for the plaintiffs was not immediately available for comment.
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