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Burger King is being sued over its Whoppers allegedly being too small

Home> News> Food & Drink

Published 15:16 30 Aug 2023 GMT+1

Burger King is being sued over its Whoppers allegedly being too small

The fast food chain is being sued by dozens of people over claims its Whoppers are too small

Dominic Smithers

Dominic Smithers

Burger King is being sued over claims its Whoppers are allegedly too small.

In a huge class action suit, it's claimed the fast-food chain has hoodwinked customers into thinking they're getting more bang for their buck.

According to the 26-page court filing, Burger King's advertisements for its Whopper burgers make it appear 'approximately 35 percent larger in size, and contain more than double the meat, than the actual burger'. Which is a lot.

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It also alleges that the chain first started to 'materially overstated' the size of its products back in September 2017.

Burger King is being sued over the size of its Whoppers.
Matt Cardy/Getty Images

Attorneys Anthony J. Russo and James C. Kelly are representing at least 100 plaintiffs in the lawsuit.

Speaking to Fox Business, Kelly said: "We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue."

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And it appears as though the courts believe Burger King has questions to answer.

The U.S. District Judge in Miami, Roy Altman, ordered the chain to put forward a defense against the allegations made in the lawsuit.

Specifically, he allowed the plaintiffs to go after Burger King on several grounds, including breach of contract, unjust enrichment, and negligent misrepresentation.

Altman also dismissed claims the company had misled customers with its television and online advertising, and said it should be left to jurors to 'tell us what reasonable people think'.

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When asked about the claims made in the lawsuit, a spokesperson for Burger King told Fox it 'does not comment on pending or potential litigations'.

Burger King has denied any wrongdoing.
Mike Kemp/In Pictures via Getty Images

In a statement to the BBC, however, the chain denied any wrongdoing.

"The plaintiffs' claims are false," a spokesperson said.

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"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."

But Burger King isn't the only chain being targeted with these kinds of allegations.

Earlier this month, a New York man filed a similar class action suit against Taco Bell.

He claimed that the Crunchwrap Supreme and Mexican Pizza, along with other items on its menu contained half as much beef as promised.

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The lawsuit sought at least $5 million for customers who had eaten any of the five items named in the filing over the last three years.

UNILAD has contacted Burger King and James C. Kelly for further comment regarding the lawsuit.

Featured Image Credit: Matt Cardy/Mike Kemp/In Pictures via Getty Images)

Topics: US News, Food and Drink, Burger King

Dominic Smithers
Dominic Smithers

Dominic Smithers is the News/Agenda Desk Lead, covering the latest trends and breaking stories. After graduating from the University of Leeds with a degree in French and History, he went on to write for the Manchester Evening News, the Accrington Observer and the Macclesfield Express. So as you can imagine, he’s spent many a night wondering just how useful that second language has been. But c'est la vie.

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@SmithersDom

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