A United States judge has denied Burger King’s attempt to dismiss a lawsuit accusing the fast-food chain of deceiving hungry customers with the size of its Whopper sandwich. US District Judge Roy Altman in Miami ruled that Burger King must defend itself against allegations that its portrayal of Whoppers on in-store menu boards is misleading and constitutes a breach of contract. Customers in the proposed class action claimed that the burgers depicted on the menu boards appeared 35% larger with double the amount of meat. Burger King argued that it was not obligated to deliver burgers that matched the exact picture, but Judge Altman stated that the determination of reasonableness would be left to the jurors. Judge Altman’s decision, released on Friday, also allowed the customers to pursue claims of negligence and unjust enrichment, but dismissed claims relating to TV and online ads as Burger King did not promise a specific burger size or patty weight in those mediums. Burger King and its legal team have not yet provided comment, and the plaintiffs’ lawyer was unavailable for immediate comment. Previous attempts to reach a settlement through mediation were unsuccessful. A similar lawsuit is currently underway in a Brooklyn, NY federal court against McDonald’s and Wendy’s. The plaintiffs’ lawyer in that case cited Judge Altman’s opinion to support the continuation of their lawsuit. In another recent case, Taco Bell, owned by Yum Brands, was sued for allegedly selling Crunchwraps and Mexican pizzas that contained only half the filling advertised. Both lawsuits seek damages of at least $5 million. The case against Burger King is Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida, No. 22-20925.
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