Ever wondered why burgers look so much bigger and tastier in menus? Well, you were not the only one.
A federal court in Miami ruled Friday that Burger King will have to rebut charges of using “fake and misleading advertising” to sell its iconic Whopper and other dishes.
The complaint, which was submitted in March 2022 and seeks class action status, asserts that the firm’s marketing included “oversized meat patties” that gave the impression that the burgers were 35% larger than they actually are.
The plaintiffs – named as Walter Coleman, Marco DiLeonardo, Matthew Fox and Madelyn Salzman – referenced a decision made more than ten years ago by the UK’s Advertising Stands Authority, which stated that “the visuals in the advertisement were likely to mislead viewers as to the size and composition of the product.”
In May 2022, Burger King urged the court to dismiss the case, stating that “food in advertisements is and always has been styled to make it look as appetizing as possible.” “That is hardly news; reasonable costumers viewing food advertising know it innately. This lawsuit unreasonably pretends otherwise”, the fast food giant stated.
Judge Roy Altman of the U.S. District Court in Miami, on the other hand, ruled that it was up to the jury to “tell us what reasonable people think.”
This is not the first time that the controversial fast food marketing techniques have come under disappointed clients’ fire. A similar case is being currently fought by McDonald’s and Wendy’s in federal court in Brooklyn, New York. Taco Bell was also sued last month in New York City for allegedly selling Mexican pizzas and Crunchwraps that only had half the content that is said to be inside.
