It seems like Burger King is in big trouble for their Whopper sandwich, as a judge has rejected their attempt to have a lawsuit claiming the fast-food chain has duped customers dismissed. Customers have accused the chain of misrepresenting the size of their burgers with images of ingredients “overflowing over the bun” that actually don’t exist.
The lawsuit claims this breach of contract makes their Whopper sandwich appear to be 35% larger and contain more than double the meat than it actually does in reality. Burger King has argued it’s not required to serve burgers that “look exactly like the picture,” but Judge Roy Altman has said the decision lies in the hands of the jurors. They will decide what “reasonable people” think about the situation.
Aside from the breach of contract, plaintiffs will also be able to pursue negligence-based and unjust enrichment claims. Though it appears Burger King may be in trouble here, claims based on Burger King’s television ads and other online advertisements have been dismissed as none of them actually promise a specific size for their burger patty.
In addition to this Whopper case, similar lawsuits have been filed against McDonald’s, Wendy’s and Taco Bell. All of them seek out at least $5 million in damages. That’s a hefty sum for these fast-food joints and it might be more than they can handle.
This is definitely not a great time for fast-food franchises, as they’re seemingly facing lawsuits left and right. All of them will likely attract more attention from customers who will study their burgers much more carefully than before. It’s now up to the jurors to decide what “reasonable people” think and the outcome will likely have a significant impact on the fast-food industry.
Is this why I’m always hungry like a half hour after I eat fast food?