It’s not the kind that Whopper Burger King wants to be associated with.
A South Florida attorney has filed a federal lawsuit for class action status alleging that Burger King misled customers by portraying its food as being much larger than what it serves customers in real life.
The lawsuit, brought by attorney Anthony Russo, alleges that Burger King began inflating the size of its burgers in photos around September 2017. Prior to that, the lawsuit alleges, Burger King advertised “fairer” advertising for its food products.
The lawsuit says the volume of each food item advertised by Burger King is “materially exaggerated”. Russo and plaintiffs representing individual advertisements for the Burger King brand Whopper, saying the entire burger is 35 percent larger than the real-world version, with twice the meat than is actually served.
The lawsuit cites the testimony of several YouTubers who specialize in food reviews and Twitter users who complained about their orders.
This isn’t the first time Burger King has been accused of inflating food in its ads. The UK Advertising Authority cited the company 12 years ago for a burger that was “much less” in height and thickness than advertised.
The lawsuit, which is seeking class action status, is seeking monetary damages and a court order asking Burger King to end what it says are its deceptive practices.
Representatives for Burger King and its parent company, Restaurant Brands International, did not immediately respond to an emailed request for comment.
Jonathan Mays, editor-in-chief of Restaurant Business magazine, said that while lawsuits against fast food companies like Russo’s may appear lacking in merit, they can sometimes scare company executives into paying settlements “when they fear bad publicity.”
In 2020, a judge from California agreed A $6.5 million settlement in a class-action lawsuit against Chipotle over an alleged misleading non-GMO ad campaign.
“Justice is great or small,” said Rousseau, “and laws are laws, and just because something appears in someone’s opinion as secondary does not mean that it is.”
He said he was seeking more transparency in advertising more broadly.
“If you’re advertising a car, you’re not using Photoshop to improve it,” he said. “Sure, you probably film it at its best, but you certainly don’t make it misleading. That’s really the basis for these kinds of lawsuits.”
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