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Burger King lawsuit alleges false advertising, Whoppers not whopping enough

Global News 2022-04-05 Sarah Do Couto
A Burger King Whopper hamburger is displayed on April 05, 2022 in San Anselmo, California. © Getty A Burger King Whopper hamburger is displayed on April 05, 2022 in San Anselmo, California.

Numerous Burger King customers have taken their fast food complaints to court, alleging the Whopper has lost its whopping size.

A lawsuit filed in south Florida by four Burger King customers is seeking class-action status, claiming the fast food giant is falsely advertising products as larger than they appear when served in real life.

The suit, brought by attorney Anthony Russo, alleges "Burger King exaggerates the size of its burgers in marketing images."

The four plaintiffs argue they would not have spent money at Burger King if they had known the “burgers were much smaller than advertised," the lawsuit claims.

The suit claims Burger King began inflating the size of its advertised burgers in images around September 2017.

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"Burger King advertises its burgers as large burgers compared to competitors and containing oversized meat patties and ingredients that overflow over the bun to make it appear that the burgers are approximately 35% larger in size, and containing more than double the meat than the actual burger," the complaint reads.

The lawsuit, which was filed March 28, 2022, claims Burger King advertisements "materially overstate" the size of almost all menu items.

The products named in the lawsuit include the fast food company's featured favourite the Whopper, the King line of items, the breakfast-time Croisann’Wich (a fully loaded and egg & cheese sandwich on a croissant), the Double Sausage sandwich and other burger options that include bacon or cheese.

The legal complaint calls for a trial by jury and hopes to amend the "deceptive trade practice" allegedly conducted by fast food providers, which could be interpreted as false advertising.

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"Burger King’s advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what was promised," the lawsuit argues.

"Burger King’s actions are especially concerning now that inflation, food and meat prices are very high and many consumers, especially low income consumers, are struggling financially," the complaint continues.

Burger King has yet to respond to the lawsuit's allegations, though a company spokesperson told CBS Moneywatch, "Burger King does not comment on pending or potential litigations."

Still, social media users continue to have fun sharing their own Burger King expectation versus reality images online.

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