At least 100 plaintiffs are included in a pending class-action lawsuit alleging “consumer fraud” as related to Burger King’s sandwich ads.
In a 26-page class-action complaint filed in the U.S. District Court in Southern Florida, attorneys Anthony J. Russo and James C. Kelly are representing plaintiffs who believe they were misled by the sandwich sizes that Burger King displays in its advertisements.
“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 containing more than double the meat than the actual burger,” the complaint states.
Attorney James Kelly told news sources that the complaint aims to get Burger King and other fast food chains to advertise their menu items in a way that reflects reality.
“We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue,” he said in an email.
The menu items that are named in the complaint for being “overstated” in advertisements include the chain’s iconic Whopper and King lines, the breakfast-time Croisann’Wich (fully loaded and egg & cheese) and Double Sausage sandwich, and other burger options that include bacon or cheese.
“Burger King’s advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what was promised,” the complaint argues. The complaint goes on to list food reviewers, YouTubers and consumers on Twitter who published content stating they also believe Burger King’s menu items don’t match its advertisements.
A spokesperson for Burger King stated that the corporation “does not comment on pending or potential litigation.”
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