Burger King must face lawsuit claiming its Whoppers are too small

8/29/2023

A U.S. judge has denied Burger King's attempt to dismiss a lawsuit alleging that it deceived its customers by presenting its Whopper sandwich as larger than it truly is.

U.S. District Judge Roy Altman in Miami has ruled that Burger King must face allegations that its portrayal of Whoppers on in-store menu boards misled customers, constituting a breach of contract.

In the proposed class action, customers contended that Burger King depicted burgers on menus with ingredients spilling over the bun, creating the illusion that the burgers are 35% larger and contain more than twice the amount of meat as actually served by the chain.

Burger King, a subsidiary of Restaurant Brands International (QSR.TO), argued that it was not obligated to provide burgers that exactly replicate the picture. However, the judge maintained that it was the role of jurors to determine "what reasonable people think."

In his recently disclosed decision, Altman also allowed customers to pursue claims based on negligence and unjust enrichment.

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