Burger King Grilled in Court: Are Whoppers Really 35% Smaller Than Advertised?

A recent legal case involving Burger King has taken a significant turn as a U.S. District Judge, Roy Altman, rejected Burger King's attempt to dismiss a lawsuit alleging that the fast-food chain deceived customers by portraying its Whopper sandwich as larger than it truly is.

Judge Altman ruled that Burger King will have to address the claim that their presentation of Whoppers on in-store menu boards led reasonable customers to be misled, potentially constituting a breach of contract. 

In the proposed class action, Reuters noted that customers accused Burger King of showcasing burgers on their menu with overflowing ingredients that create an illusion of being 35% larger and having more than double the meat content compared to what is actually served.

Burger King, a subsidiary of Restaurant Brands International QSR, countered the claims by stating that they were not obligated to serve burgers that look exactly like the images. However, the judge asserted that the determination of what reasonable individuals believe is in the hands of jurors.

In his recent decision, Judge Altman also permitted the customers to pursue claims based on negligence and unjust enrichment. 

He dismissed claims linked to TV and online advertisements, as these did not explicitly promise a specific burger "size" or patty weight that was not delivered.

In response, Burger King issued a statement asserting that the claims made by the plaintiffs were unfounded. 

They emphasized that the flame-grilled beef patties depicted in their advertising are consistent with the patties used in the millions of Whopper sandwiches served to customers across the nation.

Interestingly, similar lawsuits are being faced by other fast-food giants like McDonald's Corporation MCD and The Wendy's Co WEN, currently defending themselves in a federal court in Brooklyn, New York. 

Additionally, Taco Bell, a subsidiary of Yum! Brands Inc YUM is also dealing with a lawsuit in the same Brooklyn court, where they are accused of selling products with significantly less filling than advertised.

Each of these lawsuits is seeking a minimum of $5 million in damages, reflecting the seriousness of the allegations against these fast-food giants.

Price Action: QSR shares are up 0.63% at $69.11 on the last check Wednesday.