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Burger King’s taking a partial ‘L’ in court … a judge says they’ll have to go to trial over a lawsuit alleging their Whopper ads are misleading — AKA, size matters here, folks.<\/p>\n
This has been cooking for about a year now — a class action lawsuit was filed in 2022 taking aim at BK’s signature hamburger and how it’s been portrayed … specifically its size, which the class action plaintiffs believe amounts to false advertising.<\/p>\n
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The suit alleges Burger King’s been showing off massive Whoppers in just about all of their promotional material — from TV spots to online pages and other forms of advertisement — and that they’ve been duping customers by giving them itty-bitty Whoppers IRL, which pale in comparison to the ads.<\/p>\n
As a result of this alleged deception … the lawsuit claims Burger King has been getting rich off the backs of their patrons for a long time, which they say violates a ton of laws and regulations that food joints have to abide by.<\/p>\n
Now, as far as the judge’s ruling on how this is gonna shake out … he signed off on parts of the lawsuit proceeding, but not others. Hizzoner says Burger King will NOT have to answer to the claims pertaining to their online\/TV ads — which the plaintiffs claimed were a big part of their alleged scheme … nor will BK have to combat the consumer-protection law claims.<\/p>\n
Those specific parts of the suit were tossed, at Burger King’s request, but other parts of the lawsuit — which BK also wanted dismissed — have been given the green light to proceed … which is bad news for His Royal Fry-ness.<\/p>\n
The remaining claims that’ll be brought before a jury are big ones … breach of contract, negligent misrepresentation and unjust enrichment. Now, if you’re wondering how that works (since the judge nixed the TV\/online ads as part of the equation) … remember, there’s still print ads in the mix — specifically, Burger King’s in-restaurant menu photos of the Whopper, which these folks claim were also super-sized and a major part of BK’s campaign.<\/p>\n
In short, BK couldn’t totally have it their way in court — and the people will decide.<\/p>\n