Burger King: US judge rules fast food chain must face legal claim over Whopper being too small

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Burger King is facing the lawsuit after being accused of making the Whopper appear larger than it actually is.

Burger King is facing a lawsuit in the US that alleges it makes its Whopper burger appear larger on its menus than it is in reality. The fast food giant is being accused of misleading customers by showing the burger with a meatier patty and ingredients that "overflow over the bun".

Burger King deny the accusations. Rivals McDonald’s and Wendy’s are also facing a similar lawsuit in the US.

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The class action lawsuit alleged that the iconic Whopper burger was made to look 35% larger, with more than double the amount of meat compared to what was actually served to customers. Burger King argued that it was not required to deliver burgers that look "exactly like the picture".

In the ruling, US District Judge Roy Altman said it should be left to jurors to "tell us what reasonable people think". However, he dismissed claims that Burger King misled customers with its television and online advertisements.

A Burger King spokesperson said: “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.”

Earlier this year, Taco Bell was sued in the US for selling pizzas and wraps that allegedly contained half the filling that was advertised. In 2022, a New York man proposed a class-action lawsuit against McDonald’s and Wendy’s, in which he accused the two companies of unfair and deceptive trade practices.

The lawsuit alleged that McDonald’s and Wendy’s burgers in marketing materials were at least 15% larger than they were in real life.

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