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First, it was Taco Bell’s Crunchwrap. Now, angry customers are coming for the Whopper.
Burger King's signature sandwich has come under fire for allegedly false advertising, and recently, a judge ruled that the class action lawsuit against the chain can move forward.
Originally filed in 2022, the lawsuit claims the proportions of the Whopper advertised compared to the burger customers get in the drive-thru are way out of whack, exaggerated by a whopping 35%.
In the case, the plaintiffs allege that Burger King “materially overstates the size of (and the amount of beef contained in) many of its burgers and sandwiches,” dating the issue back to September 2017.
The filing goes on to accuse BK of “overstating the size of nearly every menu item in its current advertisements.”
Burger King / Allrecipes
Basically, customers are finally sick and tired of seeing massive, meaty Whoppers in TV commercials and online ads, only to be let down when they sit down to dine.
Class action cases have been rattling the food industry in a major way in recent years, bringing down Buffalo Wild Wings’ ‘boneless wings’ stunt and going after Beyond Meat’s “deceitful” branding tactics.
Believe it or not, several other major fast-food chains—Wendy’s and McDonald’s, for example—have also faced legal trouble in the past for the same offense, although those two cases were eventually dismissed.
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Burger King had asked the judge to dismiss the case, arguing it’s not required by law to sell burgers that look exactly like the advertisements, but U.S. District Judge Roy K. Altman has decided to move it forward, stating the plaintiff’s claims “go beyond mere exaggeration or puffery.”
It’s interesting to note the judge signed off on some parts of the lawsuit proceeding, but not others: specifically, any claims pertaining to TV and online ads or accusations of the company violating consumer protection laws.
However, print ads are still relevant, so photos shown right on the BK menu will be under consideration for negligent misrepresentation and unjust enrichment.
Is it wrong for Burger King to make its food look as delicious as possible? Well, maybe, if it means the burger joint is wrongly influencing your choices and buying habits.
So, what will come out of all this fast food confusion (and what’s in it for us)? Hopefully, a payout to customers who have been served a disappointing Whopper—or, even better, a future with beefier burgers.
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