A U.S. judge has rejected Burger King's bid to dismiss a lawsuit claiming that it cheated hungry customers by making its Whopper sandwich appear larger than it actually is.

A U.S. judge has rejected Burger King’s bid to dismiss a lawsuit claiming that it cheated hungry customers by making its Whopper sandwich appear larger than it actually is.

U.S. District Judge Roy Altman in Miami said Burger King must defend against a claim that its depiction of Whoppers on in-store menu boards mislead reasonable customers, amounting to a breach of contract.

Customers in the proposed class action accused Burger King of portraying burgers with ingredients that “overflow over the bun,” making it appear the burgers are 35% larger and contain more than double the meat than the chain serves.

  • catreadingabook@kbin.social
    23·
    1 year ago

    Umm the actual court order the article refers to is super generous to the plaintiffs lol. Whoever’s representing them made such basic mistakes that I’m not even sure how they passed the bar exam:

    The Plaintiffs’ first cause of action lists–in a single paragraph that spans four pages–fifty
    different state (and DC) consumer-protection statutes.

    (This is a no-no in every federal court in every state.)

    In either event, the Plaintiffs concede that they’ve failed to meet the requirements of Mississippi and Ohio law–even as they ask us not to dismiss those claims.

    (Wtf? lol)

    we agree with Burger King that a reasonable person wouldn’t have interpreted Burger King’s TV and online ads as binding offers.

    (This is well-settled law and taught to most first-year law students.)