Burger King is facing a lawsuit over the size of its burgers. In a proposed class-action suit, it’s alleged that the company portrays its Whopper as larger on its menu boards than it actually is, misleading consumers into thinking they’re getting more than they actually receive.
Specifically, the lawsuit claims that Burger King makes its Whoppers look 35% bigger in comparison to how they appear in reality, using images that show burgers with “bun flowing over the patty.
According to reports, Burger King attempted to have the case dismissed, arguing that they don’t need to present the burger exactly as it appears in the image. However, the judge rejected this argument, stating that they would let reasonable people decide.
Burger King is the latest fast-food chain to face allegations of deceiving customers about the size of Burger King their portions. Last year, both McDonald’s and Wendy’s had to deal with a similar lawsuit, claiming that fast-food chains were deceiving customers with advertisements that made their burgers appear larger than they actually were. Taco Bell also faced a lawsuit last month, alleging that their food advertisements showed more materials in menu items than what was actually served.
However, perhaps the most popular case revolving around portion sizes was the “Footlong” lawsuit. In 2013, a customer posted a picture of their “Footlong” Subway sandwich on Facebook, but the sandwich only measured 11 inches. A lawsuit was filed against Subway, and in 2016, the case was settled. However, in 2017, an appeals court deemed the settlement “entirely worthless” and threw it out.
In relation to the lawsuit against them, Burger King said, “The claimant’s allegations are incorrect. The images of flame-grilled beef patties in our advertisements are the very same patties we use in the millions of Whopper sandwiches we serve to guests nationwide.”
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