They say the camera adds 10 pounds, but does that apply to pictures on a fast food menu?
Consumers in a proposed class-action lawsuit against Burger King think so, and they say the chain is tricking customers into thinking their signature burger, the Whopper, is bigger than it really is.
The plaintiffs claim Burger King’s depiction of Whoppers on in-store menu boards is misleading consumers, which they say amounts to a breach of contract.
They allege Burger King advertises the Whopper as a burger with oversized meat patties and ingredients that “overflow over the bun” to make the burgers look “approximately 35% larger in size, and contain more than double the meat, than the actual burger.”
The lawsuit alleges the company’s marketing images from pre-2017 show the period when the company began overstating the size of the Whopper in advertisements.
“Although the size of the Whopper increased materially in Burger King’s advertisements, the recipe or the amount of beef or ingredients contained in Burger King’s Whopper has never changed,” the lawsuit states.
On Tuesday, Miami District Judge Roy Altman denied Burger King’s request to dismiss the lawsuit, though he did dismiss claims based on online and TV ads after finding none in which the chain promised a certain burger size or weight.
This decision means Burger King must defend against the plaintiff’s claim. It also allows customers to pursue negligence-based and unjust enrichment claims, according to Reuters.
Burger King tried to counter the lawsuit by saying it wasn’t required to deliver Whoppers that look “exactly like the picture,” but the judge said it was up to jurors to “tell us what reasonable people think.”
“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.”
This is the latest false advertising lawsuit to hit fast-food chains in recent times.
Taco Bell was sued last month for the alleged lack of filling in its Crunchwrap Supremes and Mexican Pizza when compared to its promotions. McDonald’s and Wendy’s are also facing lawsuits over the size of their real beef patties compared to their appearance in advertisements.