Judge Says Whopper Lawsuit Can Continue

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A Whopper of a Lawsuit Against Burger King Moves Forward

A federal judge has ruled that a class action lawsuit against Burger King can proceed. The suit, filed last year by 19 customers across 13 states, alleges that the fast-food giant falsely advertised the size of its Whopper and other menu items, making them appear significantly larger in promotional materials than in reality.

U.S. District Judge Roy K.

Altman in Florida stated that the plaintiffs’ claims had merit and went beyond “mere exaggeration or puffery,” rejecting Burger King’s attempt to dismiss the case. The plaintiffs claim the advertised burgers appear “approximately 35% larger in size, and contain more than double the meat” compared to what customers actually receive.

Burger King has denied the allegations, stating that the patties depicted in their advertising are the same ones used in their restaurants. Meanwhile, the plaintiffs’ lawyer expressed satisfaction with the judge’s decision and indicated they are prepared to proceed with the case.

This ruling comes after a similar lawsuit against McDonald’s and Wendy’s was dismissed in September.


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