Burger King should face a lawsuit claiming it misleads clients with commercials that make its Whopper sandwich and different merchandise seem bigger than they’re.
In a choice on Monday, US District Decide Roy Altman in Miami discovered it believable that “some” affordable customers within the proposed class motion might be deceived by Burger King’s adverts.
Nineteen clients from 13 states accused Burger King of materially overstating the dimensions of practically all menu gadgets in its in-store and on-line adverts.
They cited its alleged portrayal of burgers that “overflow” the buns, with the Whopper showing 35% bigger than the precise burger and containing greater than double the meat.
Burger King acknowledged that its photographers “styled sandwiches more beautifully” than staff do in eating places, however stated affordable customers know the purpose of menu board pictures is to make gadgets seem as appetizing as attainable.
Altman nonetheless discovered allegations that Burger King’s adverts “go beyond mere exaggeration or puffery.”
He distinguished the case from a comparable lawsuit in opposition to McDonald’s and Wendy’s {that a} Brooklyn, NY, federal decide dismissed in September 2023.
Altman stated Burger King allegedly overstated the dimensions of its merchandise “to a much greater degree,” together with in post-2017 adverts the place the Whopper appeared bigger than in earlier adverts.
Burger King is a unit of Toronto-based Restaurant Manufacturers Worldwide, whose manufacturers additionally embody Tim Hortons, Popeyes and Firehouse Subs.
“The plaintiffs’ claims are false,” Burger King stated in a press release 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.”
Anthony Russo, a lawyer for the plaintiffs, stated he was happy with the choice.
A comparable lawsuit in opposition to Subway is pending within the Brooklyn courtroom.
The case is Coleman et al v Burger King Corp, U.S. District Court docket, Southern District of Florida, No. 22-20925.
