Burger King is being sued by unhappy customers who claim its flagship Whopper burger is too small.
Customers in a proposed US class action have accused Burger King of false advertising, saying pictures of its best-selling fast-food item make it look bigger than it actually is.
The case claims pictures portray the burger with ingredients that “overflow over the bun,” making it appear 35pc larger and containing more than double the meat actually served.
A US judge last week rejected Burger King’s attempt to have the case thrown out of court, paving the way for the arguments to be heard in front of a jury.
The legal fight over the Whopper, Burger King’s flame-grilled burger, is one of a number of cases in the US arguing about the gap between advertising and reality in fast food.
McDonald’s is defending a similar lawsuit in Brooklyn, New York, and Taco Bell was sued last month in the Brooklyn court for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.
Each lawsuit seeks at least $5m in damages. Plaintiffs argue that the false advertising is so blatant that it amounts to breach of contract.
In the Whopper case, Burger King argued that it wasn’t required to deliver burgers that look “exactly like the picture”.
However, US District Judge Roy Altman in Miami said it was up to jurors to “tell us what reasonable people think.”
The Whopper burger was created in 1957 by Burger King co-founder James McLamore, who noticed a rival chain was finding success by selling larger burgers.
The item has become synonymous with the chain, so much so that Burger King’s official motto is “the home of the Whopper”.
A spokesman for Burger King said: “The plaintiffs’ claims are false. The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide.”
Source: finance.yahoo.com