Burger King has some beef cooking up…in court over the size of their Whoppers. And the claim that they’re too small.
A $5 million dollar 26-page class-action lawsuit was filed by consumers (of at least 100 plaintiffs) angry that the Whopper is falsely advertised in ads as being much bigger than what they actually serve up in reality.
Burger King tried to block proceedings by asking for a dismissal of the suit but U.S. District Judge Roy Altman in Miami denied the King on Friday.
Burger King will now have to answer to the claims in a legal setting.
The lawsuit alleged that the other ingredients on the Whopper, “overflow over the bun,” “making it appear the burgers are 35% larger and contain more than double the meat”.
In response to Burger King citing that they weren’t obligated to make the burgers “exactly like the picture,” judge Altman said that it was up to the jurors to tell us what “reasonable people think”.
“The plaintiffs’ claims are false,” Burger King said in a statement on Tuesday. “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.”
One of the attorneys for the plaintiffs said in an email, that they’re seeking change in the industry, “We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue.”
Previously there had been attempts to mediate a settlement but that proposal has been rejected, and so onwards the case of the too-small Whoppers goes.
Another lawsuit filed against Taco Bell recently seeks similar retribution for false advertising and skimping on the meats.
False representation over food has become an increasingly hot topic with consumers catching on, and wanting answers. Who are we to get in the way?
