Burger King must go to court to defend its signature hamburger after a lawsuit, brought forward by several hungry — and disappointed — customers, was given the signature of approval by a U.S. judge. On Friday, U.S. District Judge Roy Altman in Miami rejected Burger King's bid to dismiss the lawsuit, which claimed the chain misled its customers by making the famed Whopper appear much bigger than it actually is.
The lawsuit alleged that in-store menu boards advertising the Whopper portrayed burgers with ingredients that "overflow over the bun," which made the burgers appear 35% larger and contain more than double the meat than the chain serves. This, the lawsuit said, qualifies as a breach of contract.
In response, Burger King vehemently denied the claims, saying in a statement on Tuesday, "The plaintiffs' claims are false. 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." In his Friday decision, Altman said it was up to jurors to "tell us what reasonable people think" after Burger King argued that it wasn't required to serve burgers that look "exactly like the picture." Altman also allowed the customers to pursue negligence-based and unjust enrichment claims.
