Burger King is currently facing legal action from discontented customers who contend that its flagship Whopper burger falls short in size, as per their claims.
In a potential class action lawsuit in the US, customers have alleged that Burger King engaged in false advertising by presenting images of their popular fast-food item, the Whopper burger, in a way that exaggerates its size compared to its actual dimensions.
The lawsuit asserts that the images depict the burger with ingredients spilling over the bun, creating an illusion of being 35% larger and containing over twice the amount of meat than what is actually provided.
Burger King’s recent attempt to have the case dismissed by a US judge was denied last week, thereby allowing the arguments to proceed for consideration by a jury.
The legal dispute surrounding the Whopper, Burger King’s signature flame-grilled burger, is just one among several cases in the US that highlight the discrepancy between fast food advertising and the actual product.
McDonald’s is currently facing a comparable lawsuit in Brooklyn, New York, while Taco Bell encountered a lawsuit last month in the same court. The lawsuit against Taco Bell accuses them of selling Crunchwraps and Mexican pizzas with purportedly only half the amount of filling as advertised.
Each of these lawsuits is pursuing a minimum of $5 million in damages. The plaintiffs contend that the evident nature of false advertising is so significant that it constitutes a breach of contract.
In relation to the Whopper case, Burger King asserted that there was no obligation to provide burgers that perfectly matched the appearance depicted in the images.
Nevertheless, US District Judge Roy Altman in Miami emphasized that it falls upon the jurors to determine the perspective of “reasonable individuals.”
The inception of the Whopper burger dates back to 1957 when James McLamore, Co-Founder of Burger King, introduced it. He was inspired to create the burger after observing a competing chain’s success with the sale of larger burgers.
The item has become synonymous with the chain, so much so that Burger King’s official motto is “the home of the Whopper”.
A spokesman for Burger King 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.”
