Be careful what you promise in your advertising. Burger King , the fast food chain, has been awarded a class action lawsuit in a District Court in Miami, Florida, for displaying advertising for its products that may be misleading for its consumers.
According to the lawsuit, the company began this practice in 2017 by showing the Whopper , the chain’s iconic hamburger, larger than it actually is: “Although the size of the Whopper increased materially in Burger King ads, the recipe and the amount of meat or ingredients contained have never changed.”
The document explains that the product appears approximately 35% larger than it really is and that this practice is especially worrying in times of crisis: “Now that inflation, food and meat prices have increased, many “Consumers, especially low-income ones, are struggling financially. Burger King’s promise to consumers of a large portion of food is also causing consumers to go to or order from Burger King and make purchases they might not otherwise have made.” .
This is not the first time that Burger King has faced these types of lawsuits. 12 years ago the company was charged in the UK for the same reason and in 2020 the advertising for the Rebel Whopper, a veggie burger, was withdrawn as it was deemed misleading to British consumers. Other fast food companies have had the same problem including Chipotle, McDonald’s, KFC and Pizza Hut.
The lawsuit was brought by attorneys Anthony J. Russo and James C. Kelly on behalf of 100 plaintiffs. According to the legal website Top Class Actions , “the plaintiffs, all Burger King consumers who feel they purchased menu items that were smaller than advertised, seek to represent anyone in the United States who has purchased an ‘item from Burger King’s over-the-top menu beginning September 1, 2017.”
Burger King Tempts People to Buy Overpriced Products, Lawsuit Alleges. The plaintiffs are represented by Anthony J. Russo, Jr. of The Russo Firm and James C. Kelly of The Law Office of James C. Kelly.
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