Fast-food chain Burger King is being sued by four plaintiffs over alleged false advertising of its burgers, claiming the restaurant’s adverts showcase the meat-filled sandwiches as bigger than they actually are.
According to Top Class Actions, plaintiffs Walter Coleman, Marco DiLeonardo, Matthew Fox, and Madelyn Salzman are leading a class-action lawsuit against the restaurant on behalf of anyone who “purchased a Burger King menu item based on false and misleading advertising concerning the size and/or the amount of ingredients contained in said menu item.”
The lawsuit was filed in a Florida federal court on March 28 and alleges deceptive trade practices.
Specifically, the lawsuit claims that Burger King makes its burgers look about 35 percent bigger than they actually are in its advertising images, and has been doing so since September 2017.
Comparing marketing images from before 2017 to now, the lawsuit states that the burger in the restaurant’s marketing advertisements has increased in size by approximately 35 percent and the amount of beef increased by more than 100 percent.
“Although the size of the Whopper increased materially in Burger King’s advertisements, the recipe or the amount of beef or ingredients contained in Burger King’s Whopper has never changed,” the class action lawsuit states, adding that almost every burger in the restaurant’s menu is overstated in advertisements.
Plaintiffs state that Burger King’s advertisements showcasing bigger burgers are “unfair and financially damaging consumers as they are receiving food that is much lower in value than what was promised.”
The lawsuit cites inflation levels, which have reached a 40-year high and are hitting consumers’ pockets when it comes to everyday goods such as food and gas.
“Burger King’s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially,” the lawsuit states. “Burger King’s promise to consumers of a large portion of food with their purchase is also causing consumers to come to, or order from, Burger King and make purchases that they would not have otherwise made.”
The lawsuit further alleges that Burger King is also unfairly competing with other fast-food chains by unfairly advertising the size of its burger, noting that Burger King “promises large portions of food to steer consumers to Burger King for their meals and away from competitors that more fairly advertise the size of their burgers and menu items, unfairly diverting millions of dollars in sales that would have gone to competitors.”
Plaintiffs are suing the restaurant under state consumer laws for breach of contract, negligent misrepresentation, and unjust enrichment and seek to “correct the deceptive behavior” the fast-food chain uses in its advertisements.
The lawsuit seeks unspecified monetary damages and asks for an order that prevents Burger King from exaggerating the size of menu items including its burgers, according to Top Class Actions.
A Burger King spokesperson told The Epoch Times in an emailed statement that the company does not comment on pending or potential litigations.
This is not the first time that Burger King has been hit with a lawsuit by consumers.
In 2019, the restaurant chain was the subject of a class-action lawsuit by a group of vegans who argued that the contamination from Impossible Burgers being cooked on the same grill undercuts the advertisement of those burgers as a vegan-friendly choice at the fast-food chain.
The lawsuit came a few months after an executive admitted the newly introduced Impossible Burger was being cooked on the same grill as meat.
However, the lawsuit was later thrown out by a federal judge who agreed with Burger King that its marketing had not promised consumers that its vegan patties would be cooked on a separate surface to its meat burgers.
*This article has been updated to acknowledge receipt of a statement from a Burger King representative.