It goes beyond appearances which is why Burger King will have to face a lawsuit alleging that its Whopper burger appears larger on its menus than it actually is.
That’s what County Judge Roy Altman ruled last week in Miami, US, when he considered arguments in the class action lawsuit accusing Burger King of defrauding its customers.
According to the plaintiffs, the fast food giant displays it on its menu as a hamburger Looks up to 35% biggerIt contains more than twice the amount of meat than what is actually served to customers.
They claim that this constitutes a breach of contract.
“The claimants’ claims are false,” Burger King told the BBC.
The judge said in the verdict that the jury should decide What reasonable people think about this subject.
Altman also allowed the accused party to file lawsuits for negligence and wrongful enrichment.
But the judge dismissed lawsuits based on television and Internet advertising, finding nothing in which Burger King promised the “size” or weight of the burger and failed to deliver.
“they are the same”
Burger King describes the Whopper on the company’s website as the “perfect burger,” containing “authentic” beef and other ingredients.
On other occasions, she said she was under no obligation to serve hamburgers “exactly like the ones in the picture”, and insisted that There are no differences between the products you use to advertise and those of your restaurants.
“The grilled beef patties featured in our ads are the same ones used in the millions of Whopper sandwiches we serve to customers across the country,” a Burger King spokesperson said in a statement after the ruling.
Lawyer Anthony Russo, who is representing the plaintiffs, did not immediately respond to the BBC’s request for comment.
Burger King It’s not the first fast food chain to face a lawsuit for misleading advertisements.
Last month, Taco Bell He was sued in new york for selling pizza and wraps Which supposedly had half of the filling advertised.
Also in that city, last year, a man filed a class action lawsuit against him McDonald’s and Wendy’s and accusing them of unfair and deceptive business practices.
The lawsuit alleged that the burgers featured in both chains’ promotional materials were at least 15% larger than they were in real life.
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