A number of Burger King customers are suing the fast-food chain, claiming “consumer fraud” in connection with the company’s sandwich advertisements.
Attorneys Anthony J. Russo and James C. Kelly filed a 26-page class-action complaint in the US District Court for the Southern District of Florida on behalf of plaintiffs who believe they were misled by the sandwich sizes displayed in Burger King advertisements.
“Burger King advertises its burgers as large burgers compared to competitors, with oversized meat patties and ingredients that overflow over the bun to make it appear that the burgers are approximately 35% larger in size, and contain more than double the meat than the actual burger,” according to the complaint.
On March 28, 2022, it was filed in the FLSD docket.
According to attorney James Kelly, the complaint aims to get Burger King and other fast-food chains to advertise their menu items in a way that reflects reality.
“We are ultimately seeking changes to the photos for the materially overstated menu items as well as industry fairness on the issue,” he said in an email.
The complaint names the chain’s iconic Whopper and King lines, the breakfast-time Croisann’Wich (fully loaded and egg & cheese) and Double Sausage sandwich, and other burger options that include bacon or cheese as being “overstated” in advertisements.
The complaint specifically mentions the chain’s iconic Whopper and King lines as being “overstated” in advertisements.
In an email, a Burger King spokesperson told FOX Business that the company “does not comment on pending or potential litigations.”
The complaint asks for a jury trial. It claims that the disparity between the advertised sandwiches and the actual appearance of the menu items is a “deceptive trade practice” that could be interpreted as false advertising.
In the complaint, Russo, and Kelly name four plaintiffs, one of whom is from Florida and the other three from New York.
The plaintiffs claim they would not have purchased Burger King sandwiches if they had known “that said burgers were much smaller than advertised.”
According to the complaint, this pending class-action lawsuit includes at least 100 plaintiffs.
“Burger King’s advertisements for its burgers and menu items are unfair and financially damaging to consumers because they receive food that is significantly less valuable than what was promised,” the complaint claims.
“Burger King’s actions are particularly concerning at a time when inflation, food, and meat prices are extremely high, and many consumers, particularly low-income consumers, are struggling financially.”
The complaint goes on to name food critics, YouTubers, and Twitter users who have published content claiming that Burger King’s menu items do not match their advertisements.
In the complaint, Russo of the Florida-based Russo Firm and Kelly of the New York-based Law Office of James C. Kelly wrote, “The matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs.”
The headquarters of Burger King are in Miami.