Burger King hit with class action for overstating size of Whopper by 35%
- Customers are suing the fast food giant for showcasing burgers with ingredients that ‘overflow over the bun’, but fail to live up to the expectations
- Five plaintiffs are seeking damages of at least $5 million in the case, which is being pursued in the state of Florida
- It comes as Taco Bell are also being sued by a New York man who claims the food looks nothing like what is shown in the ads
Burger King is being sued in a proposed class action lawsuit by customers seeking at least $5 million each after the fast food giant is claimed to have portrayed their Whopper burgers as 35% larger in advertisements.
Customers in the action have accused the fast food giant of showcasing the burgers with ingredients that ‘overflow over the bun.’
They say that these make it appear that the burgers are 35% larger and contain more than double the meat as the chain serves.
Burger King has countered that it wasn’t required to deliver burgers that look ‘exactly like the picture.’
U.S. District Judge Roy Altman in Miami said that the company must defend the claim and that it was up to jurors to ‘tell us what reasonable people think.’
The plaintiffs in the case say that they had been sold burgers much smaller than those advertised
Customers in the action have accused the fast food giant of showcasing burgers with ingredients that ‘overflow over the bun’
In his decision made public on Friday, Altman also let the customers pursue negligence-based and unjust enrichment claims.
He dismissed claims based on TV and online ads, finding none in which Burger King promised a burger ‘size,’ or patty weight, and failed to deliver it.
The plaintiffs in the case are Walter Coleman, Marco DiLeonardo, Matthew Fox and Madelyn Salzman.
Coleman is participating in the suit after purchasing a Whopper and a Big King at a Burger King store in Florida.
In the suit, he said he expected the burgers to be of a similar size to the pictures on the advertisements.
Coleman says in the suit that had he known the burgers were much smaller he would not have purchased them.
DiLeonardo had bought a Whopper, Big King and a Whopper Melt while at a store in the state of New York.
He too said in the suit that had he known the true size of the burgers, he would not have spent his money on them.
Burger King has countered that it wasn’t required to deliver burgers that look ‘exactly like the picture’, a restaurant in Daly City, California, is pictured here
Similarly, Fox also purchased a Whopper and a Big King, and Salzman bought a Big King Burger, both later regretting it.
McDonald’s and Wendy’s are defending against a similar lawsuit in the Brooklyn, New York federal court.
Taco Bell, a unit of Yum Brands, was sued last month in the Brooklyn court for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.
The plaintiffs’ lawyer there on Monday cited Altman’s opinion to justify letting that case continue.
Each lawsuit seeks at least $5 million in damages.
A Burger King spokesperson told DailyMail.com: ‘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.’
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