A court will decide whether Burger King is talking about Whoppers about Whoppers after a Miami District Judge dismissed an attempt by a fast food tycoon to dismiss a class action lawsuit for Burger King misleading customers. be.
District Judge Roy Altman told Burger King it had to defend against allegations that the depiction of the Whopper on in-store menu boards misleads customers and constitutes a breach of contract.
Mr. Altman also had class action clients pursue claims of negligence and unjust enrichment.
Burger King has been accused of making sandwiches “overflowing from the bun,” making the patties appear to be 35% larger and containing more than twice the meat served in restaurants.
The fast-food chain said it didn’t have to serve burgers that looked “exactly as pictured.” Still, Mr. Altman said it’s up to the jury to “let us know what sensible people think.”
However, Altman dismissed the allegations based on TV and online advertisements, as he found no indication that Burger King had promised a specific burger “size” or patty weight and failed to honor those promises.
Burger King said in a statement issued on Tuesday that “plaintiffs’ claims are false.” “The flame-grilled beef patty pictured in our advertising is the same patty used in the millions of Whopper sandwiches we serve to customers nationwide.”
Previous efforts to attempt settlement mediation have been unsuccessful.
Suits that look like McDonald’s and Wendy’s faces
McDonald’s and Wendy’s are also defending similar class-action lawsuits in Brooklyn District Court accusing them of unfair and deceptive business practices. On Monday, attorneys for plaintiffs in the lawsuit, which alleges the two restaurant chains’ burgers are at least 15 percent larger in marketing materials, cited the Altman judgment justifying the continuation of the lawsuit.
Taco Bell was sued in Brooklyn in July for selling crunch wraps and Mexican pizzas with half the ingredients as advertised.
Each class action seeks at least $5 million in damages from the fast food chain.
Burger King has been busted before
In the UK, the Advertising Standards Authority (ASA) upheld a complaint in 2010 about Burger King’s advertisement for Tender Crisp Chicken Burgers.
In the banned commercial, a man is eating a large chicken burger in a dingy motel room when an enraged cow bursts into the room and the narration says: It’s so delicious that it deceives the beef. “
An ASA representative said he purchased three burgers and found the overall thickness and height to be “significantly smaller” than advertised, adding: It was thought that the hamburger featured in the ad would not fill the hand.
“We have determined that the visuals in the ad may mislead viewers.”
Burger King told the watchdog at the time that it made the TV burger with the same ingredients and weight as the restaurant staff.
“In that case, the burger wasn’t as plump and didn’t have as many fillings as advertised, so we banned it,” ASA communications director Donna Castle told the BBC.
“Consumers should be able to trust the advertisements they see and hear. Advertisements should not be significantly misleading or vague, and should not exaggerate or omit important information. It won’t,” she added.
