Burger King is being sued for allegedly falsely advertising the size of its Whoppers.
On Monday, U.S. District Judge Roy Altma in Miami, Florida, said the fast food giant must defend itself against claims that it is exaggerating the size of its Whoppers in print and video advertisements, Fox Business reported.
The 26-page lawsuit alleges that the burgers in Burger King’s advertisements are 35 percent larger than their actual size and contain more than double the meat. Four plaintiffs are named in the lawsuit and are represented by Anthony J. Russo Jr. of the Russo Firm and James C. Kelly of the Law Office of James C. Kelly.
“We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue,” Kelly said in an email to Fox Business.
According to the class action lawsuit, Burger King began to “materially overstate the size of its burgers in ads in September 2017.”
However, Burger King denies any wrongdoing.
“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,” a Burger King spokesperson said in a statement.
The lawsuit comes as customers at fast food joints are being hit with rising menu prices. Restaurant Business Online reported, “On an annual basis, fast-food menu prices are up 8.2%. By comparison, prices at full-service restaurants increased just 0.1%, down from a 0.7% increase in March. And over the past year, those prices are up 7.2%. “
McDonald’s and Wendy’s are also facing lawsuits for their alleged inaccurate representations of their burgers’ size in advertisements.
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