Oop! Burger King is the latest fast food restaurant to be called out over their food portions and false advertising. Burger King is now facing a class action lawsuit over claims their Whoppers are too small.
On Friday (August 25), U.S. District Judge Roy Altman in Miami, Florida rejected a bid from the burger giant, in which they requested to dismiss a lawsuit alleging that they are cheating hungry customers and making their infamous Whopper sandwiches appear larger than they actually are when served.
Judge Altman said that Burger King, which is a part of the Restaurant Brands International umbrella company, must now defend themselves against customers complaining that the Whoppers shown on in-store menu boards are smaller and misleading, and subsequently means they are in breach of contract.
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In the proposed class action lawsuit Burger King is facing, customers accused them of portraying their burgers with ingredients that “overflow over the bun,” making it seem as if the burgers are 35 percent larger than when served, and that the burgers contain more than double the meat that makes it to customers.
Countering the class action suit, Burger King claimed that they aren’t required to deliver burgers that look “exactly like the picture.” However, during Friday’s hearing, Judge Altman said that he is going to leave the decision up to jurors, and will allow them to “tell us what reasonable people think.”
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Judge Altman is also allowing customers to pursue negligence-based and unjust enrichment claims; however, he did dismiss any of their claims involving BK’s TV and online ads. He said in those advertisements he didn’t see how BK promised a burger “size” or patty weight, and not deliver on it.
Following Friday’s decision, on Tuesday (August 29), Burger King released a statement on the claims that they’re serving small whoppers. They in-part said, “The plaintiffs’ claims are false. 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.”
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As mentioned earlier, Burger King follows a list of other fast food brands who are also facing claims of serving smaller portions than advertised. In a Brooklyn, New York federal court, McDonald’s and Wendy’s are defending claims in a similar lawsuit.
An attorney for the plaintiffs, who was present during Monday’s hearing in Miami, cited Judge Altman in their lawsuit, using his opinion to justify that their case should continue with a jury as well.
Taco Bell, which is a unit of Yum Brands, was also sued in Brooklyn, just last month. The Mexican-American fast food brand has been accused of selling difference Crunchwraps and Mexican pizzas with allegedly only containing half as much filling as advertised. Each lawsuit is reportedly sseking at least $5 million in damages.
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