It goes beyond appearances and that’s why Burger King will have to face a lawsuit alleging that its Whopper burger appears larger on its menus than it actually is.
This is what District Judge Roy Altman ruled last week in Miami in the United States, who considered the arguments of a class-action lawsuit accusing Burger King of deceiving its customers.
According to prosecutors, the fast food giant offers on its menu a burger that appears 35% larger, with more than twice the amount of meat compared to what is actually served to customers.
They claim this constitutes a breach of contract.
Burger King told the BBC: “The plaintiffs’ allegations are false.”
In handing down the sentence, the judge said it would be up to the jury to determine “what reasonable people would think” about the case.
Altman also allowed prosecutors to file charges of negligence and unjust enrichment.
Although the judge dismissed the lawsuits based on television and Internet ads, he found nothing in which Burger King promised the “volume” or weight of the burger and failed to deliver.
Burger King describes the Whopper on the company’s website as the “perfect burger” that contains “real” beef patty and other ingredients.
On other occasions, she said she was under no obligation to serve hamburgers “exactly like the ones in the picture,” and insisted there were no differences between the products she used to advertise and those in her restaurants.
“The roast beef patties featured in our ads are the same ones used in the millions of Whopper sandwiches we serve to our customers across the country,” a Burger King spokesperson said in a statement after the ruling.
Lawyer Anthony Russo, who represents the plaintiffs, did not immediately respond to the BBC’s request for comment.
Burger King is not the first fast food chain to face a lawsuit over false advertising.
Last month, Taco Bell in New York was sued for selling pizza and wraps that allegedly contained half the filling as advertised.
Also in that city last year, a man filed a class-action lawsuit against McDonald’s and Wendy’s, accusing them of unfair and deceptive business practices.
The lawsuit claimed that the burgers in promotional materials for both chains were at least 15% larger than they were in real life.
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