Burger King faces lawsuit over Whopper size

Burger King faces lawsuit over Whopper size

Customers have a beef with Burger King. More specifically, there isn’t enough beef on the Whopper.

U.S. District Judge Roy Altman in Miami said on Tuesday that Burger King must defend against the claims that its depiction of Whoppers on in-store menu boards mislead reasonable customers. In short, it constitutes a breach of contract.

The class-action lawsuit claims Burger King has been advertising its famous burger to make them appear “approximately 35 percent larger in size, and contain more than double the meat, than the actual burger.”

Attorneys Anthony J. Russo and James C. Kelly named four plaintiffs, but are representing at least 100 plaintiffs, the complaint said.

Burger King denied wrongdoing and said reasonable consumers do not expect every burger to look “exactly like an advertising photo.”

“The plaintiffs’ claims are false,” Burger King said in a statement on Tuesday, per Reuters. “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.”

A Burger King spokesperson told Forbes “the plaintiffs’ claims are false” and that the patties shown in its ads are “the same patties” used in the Whopper sandwiches it serves.

Mark Heim is a reporter for The Alabama Media Group. Follow him on Twitter @Mark_Heim. He can be heard on “The Opening Kickoff” on WNSP-FM 105.5 FM in Mobile or on the free Sound of Mobile App from 6 to 9 a.m. daily.