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Judge rules Burger King can be sued for exaggerating the size of its Whoppers
Posted on 8/30/23 at 6:37 am
Posted on 8/30/23 at 6:37 am
quote:
Burger King lost its bid to dismiss a lawsuit that accused the burger joint of exaggerating the size of its popular Whopper offering.
quote:
Roy Altman, a federal judge in Miami, said parts of the proposed class-action suit against the company could proceed. This includes the accusation that—on its in-store advertisements and menus—Burger King depicts its burgers looking 35% larger than they actually are. The suit also claims that, in reality, Whoppers have less than half the meat as advertised.
Altman also ruled that customers would be allowed to sue the company for unjust enrichment—or when a company illegally deprives consumers of their time and money—in addition to the violation of consumer protection laws. However, he dismissed the plaintiff’s complaint that its TV and online ads were misleading, stating that the company never promised burgers of a certain size in its digital marketing campaigns.
While the exact figure was not clear, the suit is requesting “monetary damages fully compensating all individuals who were deceived by Burger King as a result of purchasing [its] Overstated Menu Items.”
quote:
Burger King was not immediately available for comment regarding the judge’s decision. However, in the fast-food chain’s original motion to dismiss, lawyers for the burger joint said that exaggeration is an inherent part of the advertising business.
“Food in advertisements is and always has been styled to make it look as appetizing as possible,” representatives for Burger King wrote. “That is hardly news; reasonable consumers viewing food advertising know it innately. This lawsuit unreasonably pretends otherwise.”
quote:
This issue is not limited to Burger King. Rival fast-food giants McDonald’s and Wendy’s were sued last year in a New York federal court over burger size in an ongoing class-action lawsuit. And last month, Taco Bell was sued for exaggerating the amount of meat in the Crunchwrap Supreme, among other offerings. The plaintiffs in those lawsuits are being represented by the same lawyers that are arguing the claims against Burger King.
A judge ruled Burger King can be sued for exaggerating the size of its Whoppers
42
Posted on 8/30/23 at 6:39 am to saint tiger225
Litigious society. No wonder our courts get tied up with garbage suits.
Posted on 8/30/23 at 6:39 am to saint tiger225
I’d figure most fast food restaurants could be sued for not serving real food
…. not so much about how realistic photographs are on their menus.
frick this fricking clown world that we live in
…. not so much about how realistic photographs are on their menus.
frick this fricking clown world that we live in
Posted on 8/30/23 at 6:42 am to saint tiger225
They should be sued, they are advertising falsely. But no damages should be paid. They should just have to fix their ads.
Posted on 8/30/23 at 6:43 am to saint tiger225
We need a photo of the judge.
Something tells me ole Judge Roy is a fatty under that black robe.
Something tells me ole Judge Roy is a fatty under that black robe.
This post was edited on 8/30/23 at 6:44 am
Posted on 8/30/23 at 6:45 am to SixthAndBarone
quote:
They should be sued, they are advertising falsely. But no damages should be paid. They should just have to fix their ads.
This.
It blows me away how many people on this board are so quick to bootlick corporations while they screw over the consumers.
Posted on 8/30/23 at 6:46 am to ShoeBang
Those were some of their best commercials.
Posted on 8/30/23 at 6:47 am to pankReb
I was in brazil and saw a McDonald's hamburger. Damn thing was beautiful. We've met the enemy and it's us
Posted on 8/30/23 at 6:50 am to saint tiger225
The justice system taking on the issues that really matter.
Posted on 8/30/23 at 6:50 am to UncleFestersLegs
quote:
I was in brazil and saw a McDonald's hamburger. Damn thing was beautiful. We've met the enemy and it's us
they were amazing the last time i visited family in germany
Posted on 8/30/23 at 6:52 am to UncleFestersLegs
quote:
I was in brazil and saw a McDonald's hamburger. Damn thing was beautiful. We've met the enemy and it's us
In Brazil, do they call a quarter pounder a Royale with Cheese?
Posted on 8/30/23 at 6:53 am to saint tiger225
Burger King is the strangest of the main chains.
When it’s good, it’s very good. But their (I assume) franchisees are consistently shitastic.
No matter where you are in the country, you know when you walk inside a Burger King it’s probably going to be disappointing, but you still have a sliver of hope that you’re walking into one that is halfway competent.
Their consistency in being poorly operated is pretty impressive.
When it’s good, it’s very good. But their (I assume) franchisees are consistently shitastic.
No matter where you are in the country, you know when you walk inside a Burger King it’s probably going to be disappointing, but you still have a sliver of hope that you’re walking into one that is halfway competent.
Their consistency in being poorly operated is pretty impressive.
Posted on 8/30/23 at 6:54 am to pankReb
quote:
It blows me away how many people on this board are so quick to bootlick corporations while they screw over the consumers.
They thought they were off the hook after releasing this:
Posted on 8/30/23 at 6:58 am to saint tiger225
How do they come up with 35%?
Everyone knows a real Whopper is a dud compared to the ad. But I've never seen a burger ad with another object next to it for comparison.
Everyone knows a real Whopper is a dud compared to the ad. But I've never seen a burger ad with another object next to it for comparison.
Posted on 8/30/23 at 7:02 am to saint tiger225
I get the advertising BS, it happens everywhere. but what damages did they incur as a result? Lawsuits are out of control in the country
Posted on 8/30/23 at 7:05 am to bonescanner
frick, I hope I don’t get sued for exaggerating the size of my whooper.
Posted on 8/30/23 at 7:07 am to saint tiger225
quote:
Taco Bell was sued for exaggerating the amount of meat in the Crunchwrap Supreme, among other offerings.
Can I sue Taco Bell for the violent explosive diarrhea it gave me in the past?
Posted on 8/30/23 at 7:08 am to Tear It Up
quote:
violent explosive diarrhea
quote:
Tear It Up
Name checks out
Posted on 8/30/23 at 7:08 am to SixthAndBarone
quote:
They should be sued, they are advertising falsely. But no damages should be paid. They should just have to fix their ads.
Who would bring the suits and who would pay the plaintiff's attorneys?
You could extend the governmental consumer affairs agencies but we all pay for that. There are some private consumer affairs advocates but they can't do it all. If there are no damages paid out what is the incentive not to use false advertising outside of the cost of redoing the campaign keeping in mind fast food does this all the time in the normal course of business. It is a civil matter so what forces them to comply if they are ruled against? I think some suits in the consumer affairs area are silly and this might be one of them because I instinctively know food doesn't look like and sometimes isn't the size depicted in ads. That being said I think the system is still better than all the alternatives I can conjure up.
Punitives are the jail for corporations.
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