Burger King in the US has found itself in strife over the size of its famous Whopper burgers.
A US judge has rejected the fast food giant’s bid to dismiss a lawsuit claiming that it cheated customers by making its burgers looking bigger than they actually were in its advertising and in-store menu boards.
US District Judge Roy Altman in Miami said Burger King must defend against the class action bought forward by angry and hungry customers.
The aggrieved customers claim that when marketing its Whopper, Burger King shows ingredients that “overflow over the bun,” making it appear the burgers are 35 per cent larger and contain more than double the meat than they actually do.
Earlier efforts to mediate a settlement proved unsuccessful. Rivals McDonald’s and Wendy’s are facing a similar lawsuit in the US. Earlier this year, Taco Bell was sued in the US for selling pizzas and wraps that allegedly contained half the filling that was advertised.
The Burger King website describes the Whopper as “the burger to rule them all”, that contains a “real meaty” beef patty, and other ingredients.
In its defence, Restaurant Brands International – that owns the Burger King brand – said it wasn’t required to deliver burgers that look “exactly like the picture”.
However, this didn’t appease Judge Altman who said he would let the claimants pursue negligence-based and unjust enrichment claims.
The Judge dismissed claims based on TV and online ads, finding none in which Burger King promised a burger “size,” or patty weight, and failed to deliver it.
On Tuesday, Burger King spokesperson described the the plaintiffs’ claims as “false”. They added: “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.”
