Burger King has joined the list of fast-food chains facing legal action regarding the size of their burgers. This trend isn’t exclusive to Burger King; other major players in the industry like McDonald’s, Wendy’s, and Taco Bell have also encountered similar lawsuits accusing them of deceiving customers with regards to portion sizes. The recent lawsuit against Burger King revolves around the alleged misrepresentation of the size of their Whopper burgers. The proposed class-action suit contends that the company intentionally portrays the Whoppers as larger than they actually are through their in-store menu boards, giving customers a false impression of the quantity of food they will receive.
The core argument of the lawsuit is that Burger King employs imagery that showcases the Whoppers with ingredients extending beyond the bun, creating a visual illusion of a 35% larger burger. Burger King attempted to have the case dismissed by asserting that they aren’t obligated to provide burgers that match the pictures exactly. However, the presiding judge rejected this argument, asserting that the determination of reasonableness will ultimately rest with the jurors.
This legal action against Burger King is part of a broader pattern wherein various fast-food chains have been targeted with similar allegations of misrepresenting portion sizes to their customers. In the previous year, both McDonald’s and Wendy’s encountered lawsuits accusing them of misleading consumers by featuring larger-looking burgers in their advertisements than what was actually served. Taco Bell also found itself facing litigation recently, with claims that its advertising depicted menu items with more substantial ingredient portions than reality.
One of the most well-known cases surrounding portion sizes involved Subway and its “footlong” sandwiches. In 2013, a customer shared a photo of his “footlong” sandwich on Facebook, only to discover it measured just 11 inches. Subway faced a lawsuit and ultimately lost the case in 2016. However, the settlement was dismissed in 2017 by an appeals court, deeming it to be of no value. This history of legal actions underscores the growing concern over accurate representation of portion sizes by fast-food chains, as customers increasingly demand transparency in their dining experiences.
