Burger King’s attempt to have a lawsuit against it dismissed because it misrepresented the size of its Whopper burger to hungry consumers was denied by a U.S. judge.
According to Miami-based U.S. District Judge Roy Altman, Burger King must fight allegations that their representation of Whoppers on in-store menu boards misled logical customers and constituted a breach of contract.
Burger King was accused by customers in the proposed class action of advertising its burgers as having toppings that “overflow over the bun,” giving the impression that they are 35% larger and have twice as much meat than the restaurant actually offers.
Burger King, a division of Restaurant Brands International, disagreed and said it was not compelled to serve burgers that were “exactly like the picture,” but the court instructed the jury to “tell us what reasonable people think.”
Altman also permitted the consumers to pursue negligence-based & unjust enrichment claims in his decision, which was made public on Friday.
He disregarded statements that Burger King had made in TV and internet advertisements since he could uncover no instances in which the company had guaranteed a burger’s “size,” or patty weight, and then failed to deliver on it.
Burger King stated in a statement on Tuesday that “the plaintiffs’ claims are false.” The flame-grilled beef patties shown in our advertisements are the identical patties that are utilized in the millions of Whopper sandwiches that we deliver to customers nationwide.
The plaintiffs’ attorney was unavailable for comment right away. Earlier attempts to reach a resolution through mediation failed.
A similar lawsuit is being fought by McDonald’s and Wendy’s in federal court in Brooklyn, New York. On Monday, the plaintiffs’ attorney there used Altman’s opinion to support keeping the case open.
Yum Brands subsidiary Taco Bell was sued last month in a Brooklyn court for allegedly selling Mexican pizzas and Crunchwraps that only have half the content that is said to be inside.
Damages in each lawsuit total at least $5 million.