Burger King Must Face a Lawsuit , Over Size of Burgers, Judge Rules.
In 2022, a class-action lawsuit was filed
against Burger King alleging that it misleads
customers when it comes to menu items. .
In 2022, a class-action lawsuit was filed
against Burger King alleging that it misleads
customers when it comes to menu items. .
Burger King advertises its burgers as large burgers compared to competitors and containing oversized meat patties and ingredients that overflow over the bun, Via class-action lawsuit.
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, Via class-action lawsuit.
Burger King filed a motion to
dismiss the lawsuit.
Food in advertisements is and
always has been styled to make it look as
appetizing as possible. That is hardly news;
reasonable consumers viewing food advertising know it innately. This lawsuit
unreasonably pretends otherwise, Burger King, via motion to dismiss.
On Aug. 23, U.S. District Judge Roy Altman granted the fast food chain's motion to dismiss claims pertaining to advertisements on the web and TV.
Claims that Burger King "violated state consumer-protection laws" were also dismissed, Insider reports. .
However, plaintiffs are
being permitted to proceed
with other areas of the lawsuit.
Those include "claims of breach of contract, negligent misrepresentation and
unjust enrichment," Insider reports.
Who are we to decide whether such a seemingly substantial difference between what was promised and what was sold was (or was not) enough to alter the purchasing preferences of reasonable American consumers? , U.S. District Judge Roy Altman, via ruling.
Far better, it seems to us,
to leave that determination
to the consumers themselves,
who — if the case survives
that far — will get to sit in
the jury box and tell us what
reasonable people think
on the subject, U.S. District Judge Roy Altman, via ruling