A U.S. judge has decided a lawsuit against the fast food chain Burger King, alleging that their Whopper sandwich is too small, is allowed to move forward after rejecting the restaurant’s bid to dismiss.
The lawsuit claims that Burger King cheated hungry customers by making the famous sandwich appear larger than it actually is.
The case was brought before U.S. District Judge Roy Altman in Miami, who said the restaurant chain must defend against a claim that it used deception on in-store menu boards when selling Whoppers to reasonable customers.
Altman says that the allegations amount to a breach of contract, which Burger King must defend against now that the lawsuit will move forward.
The class action lawsuit accused Burger King of intentionally portraying their sandwiches with ingredients that “overflow over the bun,” sizing the burgers up by 35% for their advertisements.
The suit also alleges that the ads contain more than double the meat consumers really get at the restaurants.
While Burger King argues that it isn’t required to deliver burgers to customers “exactly like the picture,” the judge said the jurors will decide “what reasonable people think.”
Altman is also allowing the customers to pursue negligence-based and unjust enrichment claims.
However, he did dismiss claims based on the restaurant’s TV and online ads, saying that Burger King never promised a burger “size” or patty weight to customers and failed to deliver it.
The case is Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida, No. 22-20925.
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