Is Burger King telling whoppers about its Whopper? A court may now decide.
A US federal judge has rejected the fast-food chain’s bid to dismiss a lawsuit claiming it cheated hungry customers by making its Whopper sandwich appear larger than it actually is.
Roy Altman, a US district judge in Miami, said Burger King must defend against a claim that its depiction of Whoppers on in-store menu boards misleads reasonable customers, amounting to a breach of contract.
Customers in the proposed class action accused Burger King of portraying burgers with ingredients that “overflow over the bun”, making it appear the burgers are 35% larger and contain more than double the meat than the chain serves.
Burger King, a unit of US-based Restaurant Brands International, countered that it was not 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, Altman also let the customers pursue negligence-based and unjust enrichment claims.
He dismissed claims based on TV and online ads, finding none in which Burger King promised a burger “size”, or patty weight, and failed to deliver it.
“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.”
A lawyer for the plaintiffs was not immediately available for comment. Earlier efforts to mediate a settlement proved unsuccessful.
Fast-food rivals McDonald’s and Wendy’s are defending against a similar lawsuit in the Brooklyn, New York, federal court. 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 $5m in damages.
The latest case is Coleman et al v Burger King Corp, US district court, southern district of Florida, No 22-20925.
The judge dismissed claims that Burger King also misrepresented its product in TV and online ads.
