Food & Wine reports that in March 2022, a group of four people filed a class-action lawsuit in U.S. District Court in Miami against Burger King. They claimed that the fast food giant's popular Whopper burger is inflated by “approximately 35 percent” in photographs compared to Whoppers served at the restaurant.
"Although the size of the Whopper increased materially in Burger King's advertisements, the recipe or the amount of beef or ingredients contained in Burger King's Whopper has never changed," the lawsuit stated.
After numerous back-and-forths, including Burger King's attempt to have the lawsuit dismissed, a judge has determined that the case can move forward. U.S. District Judge Roy Altman wrote that it would be "far better" to "leave that determination to the consumers themselves."
Despite the decision to proceed with the lawsuit, Burger King has no plans on backing down. In a statement shared with Reuters, a spokesperson for Burger King stood firmly behind the restaurant's current advertising.
"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,” read the statement.
While speaking with Good Morning America recently, the plaintiffs’ attorney, Anthony Russo, credited the group for the changes their lawsuit might bring about.
“These people aren't looking to get $5 million dollars because they bought a hamburger that didn't look like what they were advertised. The consumers really want to bring about change. They have a lot of choices. They just want to just be told truthfully what their choices are,” he said.
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