A lawsuit claiming that Burger King deceived its customers by making its Whopper sandwich appear larger than its actual size has been denied dismissal by a U.S. judge.
U.S. District Judge Roy Altman, located in Miami, ruled that Burger King must face the allegations that its portrayal of Whoppers on menu boards inside its stores led reasonable customers to be misled, which constitutes a breach of contract.
In a class action proposed by customers, Burger King was accused of presenting burgers with ingredients overflowing the bun, creating an illusion that the burgers were 35% larger and contained over twice the amount of meat compared to what the chain actually served.
Burger King, a subsidiary of Restaurant Brands International, argued that it was not obligated to provide burgers that matched the images “precisely,” but Judge Altman stated that it was the responsibility of jurors to determine what constitutes a reasonable expectation.
In the ruling issued on Friday, Judge Altman also permitted the customers to pursue claims based on negligence and unjust enrichment.
He dismissed allegations related to television and online advertisements, as there were no instances in which Burger King explicitly guaranteed a specific “size” or weight of the patty, and then failed to deliver on that promise.
Burger King responded to the claims with a statement on Tuesday, asserting, “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.”
The plaintiffs’ attorney was not immediately reachable for comment. Previous attempts to negotiate a settlement had proven unsuccessful.
In a similar lawsuit taking place in the federal court of Brooklyn, New York, McDonald’s and Wendy’s are also contesting comparable allegations. The plaintiffs’ lawyer in that case referenced Judge Altman’s decision to support the continuation of their lawsuit.
Taco Bell, a division of Yum Brands, faced a lawsuit last month in the Brooklyn court for allegedly selling Crunchwraps and Mexican pizzas with only half the advertised filling.
Each of these lawsuits is seeking a minimum of $5 million in damages.
You can also read: Aircraft Crash Claims Three Marine Lives
The case is titled Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida, Case No. 22-20925.
