Burger King emerges victorious in Whopper legal battle

A longstanding dispute over the portrayal of Whopper sizes in Burger Kings advertising has encountered a major hurdle in federal court. A U.S. judge in Miami recently rejected a request to consolidate the claims into a nationwide class action, ruling that the differences among the plaintiffs complaints were too great for a single case.

Details of the Case

Nineteen customers from 13 states filed a lawsuit against Burger King, alleging that the chain misrepresented the size of its burgers through online promotions and in-store menus. The plaintiffs claimed the images made the burgers appear substantially larger than the portions actually served.

The complaint stated that most menu items were visually exaggerated, with Whopper patties appearing to spill over the buns and advertised burgers looking roughly 35% bigger, containing more than twice the meat compared to the real product. The plaintiffs argued this practice misled consumers and violated state-level consumer protection laws.

Judges Reasoning Against Nationwide Class Action

U.S. District Judge Roy Altman initially allowed the lawsuit to proceed in May but drew a clear boundary on consolidating it into a nationwide class action. The judge cited two primary obstacles:

• The lawsuit involves consumer protection laws from 13 states, each with significant differences, complicating a unified approach.
• Individual experiences vary widelydifferent ads, locations, purchase times, and burger sizesrequiring personalized evidence for each plaintiff. The chain ran over 1,000 ads with hundreds of images captured from multiple angles during the class period starting April 1, 2018.

Judge Altman noted that the plaintiffs limited evidence, such as a few YouTube screenshots from 2021-2022 drive-thru visits in Arizona and California, was insufficient to demonstrate harm across the country or a common injury, making class certification inappropriate.

Reactions

Burger King welcomed the ruling, reiterating that its advertising accurately represents the flame-grilled beef patties used in the millions of burgers sold nationwide. The plaintiffs have not publicly commented on the decision.

While the ruling does not dismiss the individual lawsuits, it significantly limits the potential impact of the case. Each of the 19 plaintiffs will now need to pursue their claims separately, increasing the cost and complexity of litigation and reducing Burger Kings financial exposure.

Next Steps

The legal dispute over Whopper sizes will continue on an individual basis, rather than as a nationwide class. Plaintiffs must present evidence specific to their experiences, which will likely slow proceedings and make successful outcomes more challenging.

Author: Harper Simmons