A U.S. judge has ruled that Burger King must face a lawsuit for allegedly making its Whopper burger appear larger on its menus than its actual size.
In the class action lawsuit against Burger King, the plaintiffs alleged that the Whopper’s depiction on in-store menu boards was made to look 35% larger, with a meatier patty and ingredients that overflow over the bun.
As per the Burger King website, the Whopper is “The burger to rule them all”, that contains a real meaty beef patty, among other ingredients. Earlier, the company had argued that it was not required to deliver burgers that look exactly like the picture.
Rejecting the burger giant’s plea to dismiss the lawsuit, Judge Roy Altman at the US District Court, Southern District of Florida said it should be left to jurors to “tell us what reasonable people think”.
Meanwhile, he dismissed claims that the chain of hamburger fast food restaurants misled customers with its television and online advertisements. He noted that Burger King in any of its ads promised a burger size, or patty weight, and failed to deliver it.
Responding to the ruling, Burger King reportedly said, “The plaintiffs’ claims are false. 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.”
Among rivals, McDonald’s and Wendy’s also face class-action lawsuits for unfair and deceptive trade practices, mainly for showing burgers in marketing materials at least 15% larger than their actual size.
Taco Bell, a unit of Yum Brands, was also sued in the US for selling pizzas and wraps that allegedly contained half the filling than advertised.
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