There’s no doubt that you’ve ever bought something that wasn’t what it was represented to be. Fast food items are increasingly being besmirched with allegations of fraud. And recently, a lawsuit stated that the Burger King sandwich sizes are deceptive in their advertising. Burger King is one of those currently under fire.
Customers of Burger King have launched a class-action lawsuit against the company, alleging “consumer fraud” in connection with its sandwich marketing claims. If you’ve ever been a victim of this, read on.
A class-action lawsuit was filed in the United States District Court for the Southern District of Florida on behalf of people who feel that Burger King’s sandwich sizes misled them in its advertising. On their clients’ behalf, attorneys Anthony J. Russo and James C. Kelly have filed a claim against the restaurant chain.
The lawsuit reads:
“Burger King advertises its burgers as large burgers compared to competitors and containing oversized meat patties and ingredients that overflow over the bun to make it appear that the burgers are approximately 35% larger in size and contain more than double the meat than the actual burger.”
Talking with FOX Business, Attorney James Kelly explained that the complaint aims to get Burger King and other fast-food chains to advertise their menu items in a way that reflects reality. In an email, the attorney said, “We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue.”
The iconic “Whopper” and “King” lines, the “Croisann’Wich,” which may be fully loaded with eggs and cheese, and the “Double Sausage” sandwich, as well as other burger selections with bacon or cheese, are just a few of the menu items that have been accused of being “overstated.”
In a response email, a spokesperson for Burger King told FOX Business that the corporation “does not comment on pending or potential litigations.”
In the lawsuit, a jury trial is requested. It claims that the difference between the advertised sandwiches and real-life menu items constitutes a “deceptive commercial practice” that might be interpreted as false advertising.
The plaintiffs, Russo of the Florida-based Russo Firm and Kelly of the New York-based Law Office of James C. Kelly, wrote: “The matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs.”
According to reports, at least 100 plaintiffs are part of this ongoing class action lawsuit. According to Russo and Kelly, one of the claimants is from Florida, while the other three are from New York. The clients claim that they would have avoided purchasing Burger King sandwiches if they had known beforehand “that said burgers were much smaller than advertised.”
The complaint alleges:
“Burger King’s advertisements for its burger and menu items are unfair and financially damaging to consumers as they are receiving food that is much lower in value than what was promised. Burger King’s actions are especially concerning now that inflation, food and meat prices are very high and many consumers, especially low-income consumers, are struggling financially.”
The complaint continues by naming food critics, YouTubers, and Twitter users who have all posted material claiming that Burger King’s menu items do not match the company’s advertising.
