Burger King faced with 'Wapper too small lawsuit' seeks to withdraw the complaint, but it is rejected

Four customers are suing Burger King, saying that the burger advertised in the advertisement is about 35% larger than the real thing. Regarding this matter, Burger King argued that ``it is not necessary to provide exactly the same hamburger as the photo'' and asked for the withdrawal of the complaint, but it was not accepted and the trial was continued.

Coleman et al v. Burger King Corporation, No. 1:2022cv20925 - Document 61 (SD Fla. 2023) :: Justia


Burger King must face lawsuit claiming its Whoppers are too small | Reuters

Burger King can't ignore customers' beef over its Whopper size

On March 28, 2022, four customers sued Burger King, claiming that ``Burger King's advertisements look larger than they really are.'' In the complaint, the plaintiffs said, ``Burger King advertises its hamburgers as being larger than those of its competitors, and advertisements depicting oversized meat patties and ingredients that protrude from the buns are about the size of the actual product. It's 35% bigger and makes it look like it has more than double the meat in it.'

Burger King is sued as `` Wapper is 35% smaller than advertisement ''-GIGAZINE

by Site Marca

On August 25, 2023, a judgment against Burger King seeking to dismiss the lawsuit was handed down, and Burger King must defend plaintiffs' allegations of misleading customers and breach of contract. An order was issued that it must

Burger King said, 'Food in advertisements is, and always was, portrayed as appetizing as possible. Consumers should know this, but the plaintiffs in this lawsuit absurdly 'I'm pretending not to know,' he said, but ruling Judge Roy Altman said, 'It's up to the jury to decide what's reasonable.'

Plaintiffs have sought financial compensation for all customers deceived by the hype, and Judge Altman has greenlit that claim in his ruling. Whether the claim for compensation is actually accepted or not will be discussed in future trials. On the other hand, the plaintiff rejected the complaint that ``TV and online advertisements were also misleading,'' and concluded that there was no evidence that Burger King engaged in illegal activities in digital marketing.

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