A federal judge has slowed down a major lawsuit accusing Burger King of exaggerating the size of its Whopper in ads, saying the claims from customers across the country are simply too different to be grouped into one nationwide class action.
The ruling came Tuesday from US District Judge Roy Altman in Miami and marks a significant setback for the 19 customers who brought the case.
The lawsuit, filed by customers from 13 states, claimed Burger King made its menu items look much larger than what people actually received.
Plaintiffs said the Whopper was shown "overflowing" its bun and looked about 35% bigger, with more than double the meat, US News reported.
However, Judge Altman said the claims varied too widely and depended on each customer's individual experience.
Altman explained that the case involved many different state consumer protection laws, all with their own rules. He also pointed out that everyone who bought a burger received one in an "almost-infinite variety" of shapes and sizes.
"Each putative class member will have seen a particular photo and received a specific burger," he said.
Because of this, he ruled that individual questions would outweigh shared ones, making a single class action inappropriate.
Lawsuit over Burger King's Whopper ads set back by US judge
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Ruling Limits Damages in Burger King Whopper Lawsuit
The judge also noted that Burger King's prices have changed "undoubtedly" since April 1, 2018, the start of the proposed class period.
That means every customer would need to show when and where they bought their food — and what they paid — in order to prove harm.
Lawyers for the customers have not yet commented on the ruling. Earlier this year, Altman allowed the lawsuit to move forward, but this new decision cuts down how much the plaintiffs could recover in damages.
Burger King said it was pleased with the ruling. The company repeated its earlier statement that the claims are not true, saying, "The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the US."
According to Reuters, the case mirrors a similar lawsuit against McDonald's and Wendy's, which a Brooklyn federal judge dismissed in September 2023.
Those fast-food chains were also accused of showing bigger burgers in ads than what customers received.
Burger King, owned by Restaurant Brands International, continues to face questions from customers but maintains that its advertising is honest.
Restaurant Brands International also owns Tim Hortons, Popeyes, and Firehouse Subs, making it one of the biggest fast-food companies in North America.
Originally published on vcpost.com
