Burger King failed to convince judges about its defense regarding the size of its Whoppers, as it was unsuccessful in getting a lawsuit dismissed. On Tuesday, U.S. District Judge Roy Altman in Miami ruled that Burger King must address allegations that its in-store menu board representations of Whoppers misled consumers, constituting a breach of contract.
The class-action lawsuit, spanning 26 pages, alleges that the fast-food establishment marketed its iconic Whoppers in a way that suggests they are "approximately 35% larger in size, and contain more than double the meat, than the actual burger."
The legal document further claims that since September 2017, the company started to "materially overstate" its burgers' dimensions in promotions.
Lawyers Anthony J. Russo and James C. Kelly have identified four main complainants, but the filing indicates they represent a minimum of 100 plaintiffs.
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.
Click here to read morehttps://t.co/Ed8nWsRVXa #therussofirm #triallawyers pic.twitter.com/DXMz8UgVvV
— The Russo Firm (@AnthonyJRussoJr) March 30, 2022
Kelly informed FOX Business that the objective of the complaint is to encourage Burger King and its counterparts in the fast-food industry to present their menu items accurately.
"We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue," he conveyed via email.
In an email to FOX Business, a Burger King representative stated the company "does not comment on pending or potential litigations."
As this lawsuit targets Burger King, both McDonald's and Wendy's are encountering analogous consumer legal actions in the federal courts of Brooklyn, New York.
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