Burger King has hundreds of locations throughout New Jersey and if you’ve been to one lately, you might have felt that you’re not getting exactly what’s being advertised on the drive-through and in-store menu boards.
U.S. District Judge Roy Altman has denied Burger King’s request to dismiss a lawsuit accusing the fast-food chain of misleading customers about the size of its Whopper sandwich. The judge ruled that the company must defend itself against claims that its in-store menu boards deceive reasonable customers, constituting a breach of contract.
The proposed class-action lawsuit alleges that Burger King depicted burgers with ingredients “overflowing over the bun,” making the burgers appear 35% larger and containing more than double the meat actually served. Burger King, a subsidiary of Restaurant Brands International, argued that it wasn’t obligated to deliver burgers that look “exactly like the picture.” Judge Altman said that it would be up to a jury to decide what “reasonable people think.”
In his decision, Altman also allowed the plaintiffs to proceed with negligence-based and unjust enrichment claims. However, he dismissed claims related to TV and online advertisements, stating that none promised a specific “size” or patty weight that was not delivered.
Burger King released a statement on Tuesday, saying, “The plaintiffs’ claims are false. The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide.”
Efforts to reach a settlement through mediation have been unsuccessful so far. Similar lawsuits are pending against McDonald’s and Wendy’s in federal court in Brooklyn, New York, and a separate lawsuit was filed against Taco Bell last month, accusing the chain of serving Crunchwraps and Mexican pizzas with only half the advertised filling. Each lawsuit is seeking at least $5 million in damages.
The case is known as Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida.