Burger King must face a lawsuit claiming that its Whopper beef burger appears larger in advertised photographs than it is in reality, a US judge has ruled.
Reuters has reported that the lawsuit accuses Burger King of misleading customers, portraying burgers with ingredients that “overflow over the bun”, making it appear the burgers are 35% larger and contain more than double the meat than the chain serves.
Burger King stated that it was not required to deliver burgers that look “exactly like the picture”, but the judge said it was up to jurors to “tell us what reasonable people think”.
US District Judge Roy Altman in Miami dismissed claims that Burger King’s TV and online advertising also misled customers.
Burger King said in a statement that the “plaintiff’s claims are false”.
McDonalds and Wendys are defending against a similar lawsuit in Brooklyn, New York federal court about the size of burgers advertised.
Taco Bell was sued last month in the Brooklyn court for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.
Each lawsuit seeks at least $5 million in damages.
Burger King
The fast food restaurant advertises its Whopper burger as 100% flame-grilled beef and as its “favourite burger”.
In Ireland, the burger is made from cattle with “approximately 33% less methane emissions”.
The company – which is part of the Restaurant Brands International group – said it produces the burgers, which are made from cattle raised on a diet supplemented with lemongrass.
The company noted that it had been working with researchers from the Autonomous University of the State of Mexico and U.C. Davis on the “Cows’ Menu” project.