Burger King faces legal action from disgruntled customers who allege that its signature Whopper burger isn’t as large as advertised.
In a prospective US class action, customers claim that the company’s advertisements exaggerate the size of the Whopper. They argue that promotional images depict a burger where the ingredients noticeably exceed the bun’s size, suggesting the burger is around 35% larger with over double the meat than what’s actually provided.
Last week, a US judge dismissed Burger King’s motion to dismiss the case, allowing the issue to proceed to a jury trial.
This dispute over the Whopper, Burger King’s iconic flame-grilled burger, is part of a broader trend of lawsuits in the US highlighting the disparity between fast food advertising and the actual product.
Similarly, McDonald’s is contending with a related lawsuit in Brooklyn, New York. Additionally, Taco Bell faced legal action last month in Brooklyn over allegations that its Crunchwraps and Mexican pizzas are underfilled compared to advertisements.
All these lawsuits are seeking a minimum of $5 million in damages. The plaintiffs contend that the misrepresentation in advertising is so overt that it equates to a breach of contract.
Defending its position in the Whopper dispute, Burger King stated they aren’t obligated to serve burgers that mirror their promotional images precisely.
However, US District Judge Roy Altman, based in Miami, remarked that it’s the jurors’ role to define “reasonable” expectations.
The iconic Whopper burger was introduced in 1957 by Burger King’s co-founder, James McLamore, in response to a competitor’s larger burger success. This burger has since become emblematic of the brand, leading to Burger King’s slogan, “Home of the Whopper.”
In response to the lawsuit, a Burger King representative commented, “The plaintiffs’ allegations are baseless. Our advertisements depict the same flame-grilled patties that millions of our customers enjoy in our Whopper sandwiches nationwide.
