Burger King recently came under fire in a new class action lawsuit for falsely marketing their trademark Whopper burger. Marketing promises a large burger that can satisfy any hungry customer, but many in the Whopper lawsuit have complained that advertisements overstate the size of the burger.
According to a recent class action lawsuit filing, plaintiffs allege that the Whopper’s marketing has changed since 2017. New marketing suggests the Whopper has grown in size by 35%, and the amount of meat has increased by 100%.
However, the size of the Whopper has remained the same, with advertisements falsely suggesting a much larger burger than Burger King sells. The Russo Firm represents Burger King lawsuit plaintiffs and those who have filed other fast food lawsuits and can help you recover compensatory damages from a fast food lawsuit.
Burger King Sued for False Advertising The Size of Their Whopper
The Burger King class action lawsuit was filed in March 2022 because the fast food corporation falsely represented the size of its Whopper item. Burger King is known for its trademark Whopper, which marketing promises to be a large burger that can satisfy hungry customers.
The class action lawsuit alleges that Burger King has falsely marketed the Whopper, with pictures and videos used in marketing not representing the true size of the burger. Pictures used on commercials, online advertisements, food delivery apps, and menu ordering boards overstate the size and amount of meat used in the burger.
In the Burger King class action lawsuit, plaintiffs seek compensation for economic damages, including reimbursement for money used on an unsatisfactory product. They also wish for injunctive relief, which would force Burger King to change their marketing to more accurately advertise their products.
How Has the Whopper’s Advertising Changed Over the Years?
The issue regarding Burger King’s false advertising of the Whopper began in 2017. According to the class action lawsuit filing, the Whopper’s marketing was consistent with how much beef customers would get when ordering the burger.
However, something changed in 2017 that led to marketing overstating the size of the burger and the amount of meat. According to class action plaintiffs, more recent Whopper marketing suggests the burger increased in size by 35% and the amount of meat by 100%.
Customers suggest that despite the promise of a larger burger, the Whopper is still the same size it was before the change in marketing. Burger King falsely advertising their Whopper has led to customers buying the burger expecting a much larger meal than they end up with.
How Can Burger King’s False Advertising Financially Affect Customers?
Burger King’s overstating the size of their Whopper can affect the economic standing of customers. Many people tight on time to cook may go to Burger King expecting a substantial meal based on the marketing of the Whopper but receive a meal far less than what they expect.
Plaintiffs involved in the class action bought Whoppers based on false advertising and “insist that they wouldn’t have bought the burgers or sandwiches if they’d known the food items were going to be smaller than advertised.” They could have taken their business to a more cost-effective establishment that marketed their food items accurately.
What Does Anthony J. Russo Have to Say About the Whopper Lawsuit?
The leading lawyer representing plaintiffs in the Burger King class action lawsuit in the Southern District of Florida is Anthony J. Russo. In interviews, he stressed that his clients are not looking for a quick payday but rather to make a change in fast food marketing.
Anthony J. Russo told Good Morning America, “These people aren’t looking to get $5 million dollars because they bought a hamburger that didn’t look like what they were advertised. The consumers really want to bring about change. They have a lot of choices. They just want to just be told truthfully what their choices are.”
Burger King Fails to Get the Class Action Lawsuit Dismissed
Burger King attempted to dismiss the class action lawsuit. They did not see the fault in how they marketed the Whopper. In their motion to dismiss the class action, they mentioned that food in advertisements is and always has been styled to make it look as appetizing as possible.”
Despite their insisting that overstating a menu item’s size is part of fast food marketing, U.S. District Judge Roy Altman rejected the motion to dismiss the lawsuit. He mentioned that his decision should not be to determine whether the difference between advertising and reality is enough to justify a lawsuit.
Judge Altman mentioned in the rejection of the motion to dismiss that the court should “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.”
Will There Be a Settlement for Burger King Class Action Plaintiffs?
Now that the motion to dismiss has been denied, the class action lawsuit will advance toward a court case. There is always the chance that the case will not reach court if both sides settle beforehand, but that has yet to happen since the lawsuit began last year.
Evidence could lead to both sides wanting to negotiate a settlement, or Burger King must defend itself against the false advertising allegations in court. If a jury finds Burger King did falsely advertise the Whopper, the plaintiffs could receive a court award to pay for damages.
Contact The Russo Firm for Help With Your Burger King Lawsuit
The lawyers at The Russo Firm represent plaintiffs in fast food litigation, such as the class action lawsuits against Taco Bell, McDonald’s, and Arby’s. If you suffered economic damages from fast food false advertising, our lawyers could help you file or join a class action lawsuit to pursue compensation for damages.
Our experienced fast food attorneys can help you calculate damages, determine the at-fault party, file the necessary paperwork, collect evidence, and negotiate a settlement. Contact us for a free Burger King lawsuit consultation today at (561) 270-0913 or leave a message on our online contact page.