Fast food restaurant Burger King is being sued by a customer because the size of the Wopper sandwich is smaller than in the photo. A customer in a class-action lawsuit accused Burger King of describing the burger as “overflowing on the bun.” The photo depicts that the burger is 35 percent larger and contains more than twice as much meat as what the restaurant serves.
However, the lawsuit was rejected by judges in the United States. US District Judge Roy Altman in Miami said Burger King should defend itself against burgers that look claims that the depiction of Whoppers exactly like the picture.on its in-store menu boards misled customers. This is claimed by the customer as a breach of contract.
Burger King a states that it is not required to serve
In his decision published Friday, Altman dismissed a customer lawsuit against Burger King based on TV and online advertising. There were no claims that Burger King promised the “size” or weight of the burger patty as advertised. Burger King is also not required to serve customers exactly the same sandwich as advertised.
Lawyers for the plaintiffs could not be reached for comment. Previous attempts to mediate a resolution of the case were also unsuccessful unit of Restaurant Brands International.
“In addition to Burger King, fast food restaurants are also facing the same lawsuit in the United States. McDonald’s (MCD.N) and Wendy’s (WEN.O) are defending a similar lawsuit in federal court in Brooklyn, New York. Lawyers for the plaintiffs there on Monday cited Altman’s opinion to let the case proceed.
Taco Bell, a unit of Yum Brands (YUM.N), was sue last month in a Brooklyn court for selling. Crunchwraps and Mexican pizza that allegedly contained only half the advertised amount of filling. Each lawsuit demands damages of at least US$ 5 million.
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