Whopper Class Action Lawsuit

It’s a whopper of a lawsuit. I’m Amy E. Feldman.

Burger King is facing a class action lawsuit claiming its ads, showing the chain’s Whopper, mislead consumers. While false advertising suits against food manufacturers are a growing trend in consumer fraud litigation, this case is different because the suit doesn’t claim the words in the ad are misleading or that the burger itself is smaller; instead, it claims the photos are deceptive because the pictures of the Whopper in current ads are about 35% larger than photos of Whoppers in past ads, and that the Whopper in real life looks smaller than the Whopper pictured in the advertisements. 

Hm. Go figure. An ad that makes a product look bigger, better or more delicious than in real life. What’s next? A claim that the vegetarian version, the Impossible Whopper is deceptive because it is, in fact, possible? We’ll see if the plaintiffs can get over the whopper of a hurdle to prove consumers were actually misled.

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