By Paul Waldmiller
Did you know that a Florida judge has refused to dismiss a class action lawsuit that claims Burger King’s ads overstate the amount of meat in its Whopper burger and it’s other sandwiches?
With so many food companies and restaurants raising prices while simultaneously shrinking their products, Burger King is apparently the latest company to be sued in a string of lawsuits filed under the “Perkins Code.” This law prevents false advertising of products as to quality and size of advertised products, verses actual sizes served, or sold.
Unsurprisingly, a Burger King spokesman said the plaintiffs’ claims are false, and the beef patties in its advertisements are the same size it serves all across the U.S.
Late last month, U.S. District Judge Roy Altman dismissed some of the plaintiff’s claims. He stated in his court opinion that the plaintiffs are disallowed to argue that the television, or online ads constituted a “binding offer” from Burger King, because they do not list a price, or product information. The same judge however did rule that the plaintiff’s in the lawsuit were allowed because the images on the menu boards represented a binding order. As well, he didn’t dismiss claims of negligent misrepresentation that was brought in the lawsuit.
The lawsuit however may be dismissed if appealed in the future by Burger King. In 2020, a federal appeals court upheld the dismissal of a lawsuit against Dunkin’ (doughnuts). The plaintiffs said the company deceived them when it said their wraps contained Angus steak; they actually contained ground meat.
As always recommended to any consumer, verify advertisement of products before every purchase.