(TMX) – A U.S. district judge in Miami last week rejected Burger King’s motion to dismiss a lawsuit alleging the company misled customers by making its Whopper sandwich appear larger than it really is on restaurant signage.
The proposed class action lawsuit accuses the fast-food chain of using images on menus and store signage that show a Whopper with ingredients that “overflow the bun,” leading customers to believe the sandwich is larger and contains more meat than it does in reality.
U.S. District Judge Roy Altman ruled on Friday that Burger King will have to defend against the plaintiffs’ claims. In addition to the alleged breach of contract, Altman will allow the plaintiffs to pursue claims of negligence and unjust enrichment.
However, Altman rejected plaintiffs’ claims regarding TV and online ads, noting that none of them made specific claims of sandwich size or patty weight that the restaurant failed to meet.
Other fast-food chains are facing similar lawsuits targeting what customers say is misleading advertising. Taco Bell is facing a lawsuit in New York alleging its Mexican pizzas and Crunchwraps contain less filling than advertised.
McDonald’s and Wendy’s, meanwhile, are defending against a lawsuit in New York that alleges the companies use undercooked beef patties in advertisements, making the patties appear larger than they are. The lawsuit cited a food stylist who claimed to have worked for both companies, and that both prefer to photograph undercooked meat because the fully cooked burgers look “less appetizing.”