Burger King customers have recently joined together in a class action lawsuit against the fast food company, alleging they falsely advertised their Whopper menu item. The Whopper is one of the most iconic fast food burgers available for customers, but Burger King has been accused of falsely advertising the size of the burger.
Advertisements on television, online, in stores, and on food delivery applications show a burger that is nearly twice as big as the burger customers actually receive. This artificial inflation in marketing materials began in 2017 when customers alleged advertisements began to overstate the size of the burger by 35%.
If you bought a Whopper that was much smaller than the advertisements promised, you could join the Burger King class action lawsuit to pursue compensation for economic damages. The fast food lawyers at The Russo Firm have recent experience with lawsuits that can help you.
Burger King Accused of Falsely Advertising Their Whopper Menu Item
The Burger King class action lawsuit has to do with plaintiffs alleging the fast food company overstates the amount of meat in their burgers. The main menu item coming under fire in this class action lawsuit is the Whopper, which is one of the most popular fast food burgers ever.
The class action lawsuit against Burger King was filed in March 2023 with plaintiffs from across the United States, including in places like Florida, Massachusetts, Illinois, New York, etc. The plaintiffs allege that advertisements and in-store menu boards overstate the amount of meat in the Whopper by nearly twice what is really there.
Burger King’s Advertisements for the Whopper Changed in 2017
Burger King did not always falsely advertise their Whopper menu item. Plaintiffs allege the issue of overstating the Whopper began in 2017 when the size of the burger in advertisements and marketing materials increased. However, the burger remained the same size as before.
The Burger King class action plaintiffs agree the company used to accurately depict the size of the Whopper, but that changed in September 2017 when the company began “materially overstating” the amount of beef in the popular burger.
In the Burger King class action lawsuit filing, the plaintiffs allege that “a side-by-side comparison of Burger King’s former Whopper advertisement to the current Whopper advertisement shows that the burger increased in size by approximately 35% and the amount of beef increased by more than 100%.”
How Did This Change in Marketing Affect Burger King Customers?
Burger King materially overstates the size of their Whopper to maintain its status as one of fast food’s largest hamburgers. This marketing strategy is used to drive customers to Burger King establishments across the country, with customers hoping they get more bang for their buck with this large hamburger.
However, this is not the case for customers who received less meat than they were expecting based on false advertising. The reality of the Whopper did not reach the lofty expectations set by glossy marketing photos and videos.
According to plaintiffs, they “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.” Overstated marketing materials have led customers to go to Burger King rather than other restaurants that offer food more accurately than their advertisements and marketing materials.
Burger King’s Defense Against False Advertising Allegations
The class action lawsuit was not met kindly by the defendant. Burger King sees the claims of false advertisements as unfounded and has filed a motion to have the class action lawsuit dismissed.
In their Motion to Dismiss, Burger King states that “food in advertisements is and always has been styled to make it look as appetizing as possible. That is hardly news; reasonable consumers viewing food advertising know it innately. This lawsuit unreasonably pretends otherwise.”
Recently, Burger King has attempted to have lawyers representing plaintiffs sanctioned. Burger King accused the lawyers of making a “baseless and unprecedented complaint that it is somehow unlawful for a restaurant to display a beautiful photograph of menu items.”
What Damages Could You Pursue Through a Burger King Class Action Lawsuit?
Plaintiffs in the Burger King class action can pursue compensation for economic damages. They spent money on the Whopper menu item believing that they would receive a much larger hamburger than they received. They can pursue compensation for money spent on an overstated fast food hamburger.
Burger King class action plaintiffs also seek injunctive relief, which is when the court requires one of the parties to change their behavior. In this case, the plaintiffs want injunctive relief, so Burger King must stop falsely advertising their menu items.
If the court agrees to injunctive relief, Burger King will have to change their marketing strategy to what it was before 2017. They will have to accurately portray the Whopper and their other menu items in advertisements and in-store menu ordering boards.
How Can Hiring a Fast Food Lawyer Help With Your Burger King Lawsuit?
Hiring a fast food lawyer is vital for your success in earning compensation for damages in the Burger King class action. They will understand the history of fast food lawsuits and how other plaintiffs have successfully held companies accountable for negligence in the past.
If the Burger King class action is successful, you could earn compensation for damages and get injunctive relief. However, the only way for that to happen is with an experienced attorney in your corner.
An experienced fast food attorney can help with your Burger King class action by assessing your damages, determining if you have a case, filing the necessary paperwork, collecting evidence, and sharing evidence with other lawyers in the class action.
Contact The Russo Firm for Help With Your Burger King Lawsuit
The Russo Firm is currently representing fast food plaintiffs attempting to hold McDonald’s, Wendy’s, and Arby’s accountable for false advertising. They have specific experience in fast food litigation they can draw from to help craft a legal counsel plan.
Our experienced fast food lawyers offer free consultations to show you how our attorneys can help with the process of the Burger King class action lawsuit. Contact us for a free case evaluation today at (561) 270-0913 or leave a message on our online contact page.
