In a 26-page class complaint filed in US District Court in South Florida, attorneys Anthony J. Russo and James C. Kelly are representing plaintiffs who believe they have been misled by the sandwich sizes that Burger King displays in its advertisements.
A spokesperson for Burger King told FOX Business that the company “does not comment on pending or potential lawsuits.”
“Burger King advertises its burger as being a big burger compared to competitors and has oversized meat patties and ingredients overflowing over the bun to show that the burger is approximately 35% larger and contains more than twice the meat than the actual burger,” the complaint states.
She entered the FLSD schedule on March 28, 2022.
Attorney James Kelly told FOX Business that the complaint was aimed at acquiring Burger King and other fast food chains To advertise their menu items in a way that reflects reality.
“We are ultimately seeking image changes for materially exaggerated menu items and fairness across the industry on this issue,” he said in an email.
Menu items mentioned in the complaint for being “overrated” in the ads include the popular Whopper and King lines, Croisann’Wich (full loaded, eggs and cheese), the Double Sausage sandwich, and other burger options that include bacon or cheese.
A spokesperson for Burger King told FOX Business that the company “does not comment on pending or potential lawsuits” in an email.
The complaint requests a trial by jury. It claims that the discrepancy between the advertised sandwiches and the appearance of the menu items in real life is a “deceptive commercial practice” that can be interpreted as false advertising.
Russo and Kelly name four plaintiffs in the complaint, one of whom is from Florida; The other three are from New York.
Prosecutors claim they won’t Sold Burger King sandwiches if they knew “the burger was much smaller than advertised.”
The complaint says at least 100 plaintiffs are included in this pending class action.
“Burger King’s advertisements for burgers and menu items are unfair and financially detrimental to consumers because they receive food far less valuable than promised,” the complaint says.
“Burger King’s actions are particularly worrying now because food and meat prices and inflation are so high and many consumers, especially low-income consumers, are struggling financially.”
The complaint goes to food reviewers, YouTubers, and consumers on Twitter who have posted content stating that they also believe Burger King’s menu items do not match their ads.
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“The matter in question is in excess of the amount or value of $5,000,000, excluding interest and costs,” Russo of Russo Corporation of Florida and Kelly of James C. Kelly Law Office in New York wrote in the complaint. .
Burger King is headquartered in Miami.
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