30 August 2023 , 12:35
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Burger King is being sued over the size of its flagship Whopper burger as angry customers say it looks nothing like the advert and is much smaller than advertised.
Patrons are accusing Burger King of false advertisement in a class action that claims the franchise made the Whopper look bigger in commercials than it actually is.
Angry Burger King goers pointed to an ad in which the restaurant said the Whopper had "ingredients that overflow over the bun" saying that the ad made it seem like the burger contained double the meat than it actually does.
The franchise attempted to swat those claims in court, but a judge last week rejected the company's motion to throw the case out, which has given customers a chance to present their case to a jury, according to The Telegraph.
An actual whopper vs the adThis legal battle is one of many disputes between customers and franchises in the fast food space. They mainly argue that the fast food restaurants blur the line between advertisement and reality as they make their food appear better on TV.
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Similarly, Taco bell was sued last week over the filling in its crunch wraps and Mexican pizzas. Customers argued that it contained only half the meat as advertised.
Each dispute is seeking $5million in damages because the plaintiff believe these lies amount to a breach of contract.
A Big King vs the adFranchises fought back saying they weren't required to make their food items look "exactly like the picture." US District Judge Roy Altman in Miami said it will be left up to a jury. He said they will "tell us what reasonable people think."
A spokesperson for the restaurant repudiated the claims of false advertisement and defended the home of the whopper. In a statement that slightly contradicts Burger King's earlier argument, they 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."
A spokesperson for Burger King said the company isn't required to make food look identical to the commercials (Corbis via Getty Images)Fast food franchises have been the target of unusual lawsuits for decades; Take one of the most infamous for example: the McDonalds hot coffee case. In 1992, a 79-year-old woman suffered third-degree burns, which resulted in some skin grafting, when she spilled coffee she had just bought from McDonalds on her lap. When the franchise refused to pay her $10,000 medical bills, she took it to court and won $2.7million.
That's why when you buy a cup of hot coffee from McDonalds today, there is a little yellow caution sign that reads "caution: may be hot."