Customers are preparing to sue Burger King on their claim that the fast food restaurant falsely stated the Whopper was “35 percent” larger than it actually is.
Burger King’s bid to have the lawsuit dismissed was rejected by U.S. District Judge Roy Altman, according to Reuters.
Now that its representations of its famous hamburger have been criticized for not being realistic enough, the company must defend itself.
In the alleged class action lawsuit, customers claimed that the burger’s contents appeared to “overflow the bun” in marketing and store displays, giving the impression that it was larger and included more meat than it actually did.
“Burger King began to materially overstate the size of its burgers in its advertisements,” read the legal documents. “Side-by-side comparison of Burger King’s former Whopper advertisement to the current Whopper advertisement shows that the burger increased in size by approximately 35% and the amount of beef increased by more than 100%. Although the size of the Whopper and the beef patty increased materially in Burger King’s advertisements, the amount of beef or ingredients contained in the actual Whopper that customers receive did not increase.”
Burger King claimed it was not obligated to supply burgers that were “exactly like the picture.”
In a statement, Burger King stated that “the plaintiffs’ claims are false.” They said, “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.”
