(Reuters) .- Burger King must face a lawsuit that accuses him of deceiving customers with ads that make his Whopper and other products look larger than they are.
In a decision on Monday, the federal district judge Roy Altman in Miami found plausible that “some” reasonable consumers (an average person, without experience, who acts reasonably in the market) in the proposed collective claim could be deceived by Burger King’s announcements.
Nightly clients from 13 states accused Burger King of significantly exaggerating the size of almost all menu articles in their stores in stores and online.
They cited their alleged representation of hamburgers that “overflow” the breads, with the Whopper looking 35% larger than the real hamburger and containing more than double the meat.
Burger King acknowledged that their photographers “designed the sandwiches in a beautiful way” than restaurant workers, but said that reasonable consumers know that the objective of the photographs of the menus is to make the articles look as much appetizing as possible.
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However, Altman found accusations that Burger King’s announcements “go beyond mere exaggeration or fanfarería.”
He distinguished the case of a similar lawsuit against McDonald’s and Wendy’s that a federal judoklyn judge, New York, dismissed in September 2023.
Altman said Burger King allegedly exaggerated the size of his products “to a much larger degree”, even in advertisements after 2017 where Whopper appeared larger than in previous ads.
The claims of the plaintiffs are false: Burger King
Burger King is a Brands International restaurant unit, based in Toronto, whose brands also include Tim Hortons, Popeyes and Firehouse Sub.
“The claims of the plaintiffs are false,” Burger King said on Tuesday. “The grilled meat burgers that we show in our advertising are the same that are used in the millions of hamburgers that we serve customers throughout the United States.”
Anthony Russo, lawyer’s lawyer, said he was satisfied with the decision.
A similar demand against Subway is pending in the Brooklyn court.
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The case is Coleman et al V Burger King Corp, District Court of the US, South District of Florida, No. 22-20925.
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