Whopper size matters: Burger King ad suit can continue, judge says

Customers who can’t swallow Burger King menus showing Whoppers that are allegedly bigger than the real product will get their say in court, after a federal judge in Miami reportedly rejected the fast-food giant’s motion to dismiss the case.

Whoppers pack less wallop than suggested by photos in in-store menus — in which ingredients “overflow the bun” and patties are double the real size — the hangry plaintiffs say in the suit filed earlier this year.

U.S. District Judge Roy Altman on Friday made public his decision to allow the case, in which customers accuse Burger King of negligence and unjust enrichment, to continue.

Burger King, owned by the holding company Restaurant Brands International, says it is not required to serve products which appear “exactly like the picture.”

“The plaintiffs’ claims are false,” the company said in a statement quoted by Reuters. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide.”

Altman said a jury will have to “tell us what reasonable people think.”

The case is the latest in a string of false advertising lawsuits involving fast-food chains. Last month, a suit was filed against Taco Bell for over $5 million alleging a lack of beef in several of its products.

McDonald’s and Wendy’s are facing a similar lawsuit in Brooklyn, where a man seeks $50 million for himself and other customers who were allegedly deceived by the chains’ burger sizes.

On Monday, the plaintiff’s lawyers cited Altman’s decision in the Burger King case to argue their case should continue.