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Judge Allows Class-Action Whopper Lawsuit to Proceed - Burger King Has Some Explaining to Do

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Customers who bought a Whopper because of deceptive advertising are demanding that Burger King now put its money where their mouths are.

According to Reuters and Food and Wine Magazine, customers in a proposed class action lawsuit against the fast-food franchise have accused Burger King of false advertising, and it’s possible others may follow. The lawsuit claimed Burger King’s new ads show a deceptively large burger in which the meat “‘overflow[s] the bun,’ making it appear the burgers are 35 percent larger and contain more than double the meat than the chain serves.”

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Burger King’s parent company, Restaurant Brands International, said that it’s not a requirement for the food to exactly match what’s featured on the menu.

But Miami U.S. District Judge Roy Altman rejected the franchise’s bid to dismiss the lawsuit, saying it will be up to jurors to assess with is “reasonable” customer expectation, Reuters reported.

It will be interesting to see how the jury ultimately rules in this case — if they don’t settle out of court.

Is Burger King being deceitful in advertising burgers?

On the one hand, we live in a world of fake marketing.

If a woman assumes that just by using a certain hair product or makeup line she will suddenly look like the airbrushed models standing under bright lights with giant fans blowing their hair perfectly in time to inspirational music, she will most likely be sadly disappointed.

As will anyone who buys a car or minivan, assuming it will somehow transform their children into perfect angels fascinated with butterflies and the great outdoors.

There is something to be said for common sense.

To be perfectly honest, those customers probably added a few days to their lives by eating a burger that was smaller than the one shown in the advertisements.

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That said, false advertising is a huge problem in America. Consumers who fall victim to these deceptive tactics can find themselves squandering their hard-earned money on products or services that fail to deliver as promised.

In some cases, such as in so-called health products, it can add to obesity and ill health while giving the appearance of a healthy choice.

Take, for instance, Michelle Obama’s juice drink PLEZi, which she advertises as part of her effort to “change the game” in children’s health. However, as Quartz pointed out, “no added sugar doesn’t mean no sugar,” and hooking children on juice drinks, although healthier than the sugar-added alternatives, is not exactly healthy.


So maybe this lawsuit is a step toward rectifying things in the advertising department.

Or maybe it will result in more disclaimers in tiny print on every package and TV ad and sped-up recordings on every radio commercial — that no one will read or hear anyway.

At the end of the day, the old adage “Buyer Beware” is still the best policy to follow when you go shopping.

In the case of Burger King, they have some explaining to do about their burgers.

Maybe they think people should just take their “whoppers” with a pinch of salt.

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Rachel Emmanuel has served as the director of content on a Republican congressional campaign and writes content for a popular conservative book franchise.
Rachel M. Emmanuel has served as the Director of Content on a Republican Congressional campaign and writes for a popular Conservative book franchise.




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