A US judge has decided that Burger King must defend against a lawsuit alleging that the business misled customers by making the Whopper burger appear larger on the menu than it actually is.
According to the class action lawsuit, the fast food restaurant company advertises its burgers with toppings that “overflow over the bun” and a meatier patty. Additionally, it claims that the Whopper was fabricated to appear 35% larger and to contain twice as much meat as what was really given to consumers.
The claims have been refuted by Burger King. Burgers that “exactly look like the picture” are not needed, according to the company’s prior defense.
Judge Roy Altman of the US District Court stated that the jury should be allowed to “tell us what reasonable people think.” But he denied charges that Burger King’s television and web ads deceived consumers.
“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 Burger King spokesperson said in a statement after the ruling.
The Whopper is referred to as “the burger to rule them all” on the Burger King website and has a “real meaty” beef patty in addition to additional fixings.
In the US, a similar case has been filed against fast food franchises Wendy’s and McDonald’s, accusing them of unfair and dishonest business practices.
According to the lawsuit, the burgers at McDonald’s and Wendy’s were at least 15% larger than they actually were in marketing materials.
In the meantime, Taco Bell was sued in the US earlier this year for allegedly selling pizzas and wraps that only had half the filling that was claimed.
