A federal judge on Monday a class action lawsuit could move forward claiming Burger King mispromoted the size of its signature cheeseburger.
Florida US District Judge Roy K. Altman found “somewhat” merit in plaintiffs’ claim that the fast food chain is promoting its whoper cheeseburgers and other menu items.
Images of Whopper Burger from the lawsuit. (South Florida District Court)
19 customers from 13 states sued Burger King in 2022, claiming that the burgers they advertised were “about 35% larger in size and contain more than twice as much meat as a real burger.”
The lawsuit includes a line of brightly colored, large burger ads next to a drooping image taken by a customer.
“Each of our plaintiffs purchased BKC products at their hometown Burger King store. Each was disappointed by the discrepancy between what they received and what they expected based on BKC ads,” the lawsuit says.
Burger King attempted to dismiss the lawsuit, but on Monday, Altman said the plaintiff’s motion “is beyond mere exaggeration and bulging.”
A Burger King spokesman said in a statement Monday that “the plaintiff’s claims are false.”
“The fire-roasted beef pate depicted in our ads is the same pate that is used in the millions of burgers we serve guests across the United States,” the spokesman added.
Anthony Russo, the lawyer representing the plaintiff, immediately returned a request for comment.
A similar lawsuit against McDonald and Wendy’s was dismissed in September.
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