A class action lawsuit against Burger King was recently authorized by a US judge. In question: its emblematic sandwich, the Whopper, which would actually be 35% smaller than advertised. Several other food giants are also targeted by collective actions.
A Miami District judge ruled Tuesday that Burger King must defend itself against a claim that its depiction of Whoppers on store menus misled reasonable customers, amounting to a breach of contract.
Led by a specialist lawyer, who had filed the initial complaint in 2022 in Florida, the plaintiffs demanded that the fast food giant pay them damages, in order to overcome their disappointment. They are also seeking an injunction requiring the company to correct its advertising, or stop selling the foods promoted in the allegedly misleading advertisements.
Since 2017
According to the indictment, Burger King began to overestimate the size of its hamburgers in the United States in its advertisements from September 2017. Several other products of the brand were also overestimated.
The company, founded in Miami in 1954, denies the plaintiffs’ claims, arguing that “reasonable” consumers know the advertisements were designed to make the products as appetizing as possible. In a statement, Burger King says the grilled meat patties featured in the ad are the same as those served in the group’s restaurants.
The firm also clarifies that it was not required to deliver burgers that look “exactly like the photo”. It is up to jurors to “tell us what reasonable people think,” Judge Altman ruled.
A trend
This case is not anecdotal and on the contrary reflects a general trend which wants us to monitor more closely what the food industry offers. According to the magazine QSR, specialist in fast food, more than 200 collective complaints of this type were filed between 2020 and 2022 in the United States.
Among the latter: packets of crisps that were not filled to the brim; a one foot (about 30 centimeters) sandwich that wasn’t a foot long; a tuna sandwich that doesn’t just contain tuna; an iced coffee that has too much ice; or a pizza that doesn’t have enough toppings.
All these complaints did not necessarily succeed. But according to Reuters, each lawsuit is seeking at least $5 million in damages. Recently, McDonald’s had to pay 800,000 dollars after a burn caused by a too hot chicken nugget.
This proliferation of collective complaints can be explained by the American system, which can pay off big. They are also the fruit of a few lawyers who have specialized in the matter. Consumers are also more attentive to what they eat, even for fast food. The concept of the organic burger is, for example, no longer paradoxical.
Social networks also play a role, a photograph like the Whooper, too small and not juicy enough, can quickly go viral. Food specialists are particularly exposed to negative publicity.
Radio subject: Katja Schaer
Adaptation web: jfe
2023-09-02 05:13:35
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