Barron’s Associate Editor Andrew Bary talks about restaurants and food companies feeling the pressure of sky-high inflation.
A number of Burger King customers are suing the fast-food chain for alleged “consumer fraud” related to the company’s sandwich ads.
In a 26-page class action lawsuit filed in U.S. District Court in South Florida, attorneys Anthony J. Russo and James C. Kelly are representing plaintiffs who believe they were misled by the sandwich sizes Burger King displays in its advertisements .
A Burger King spokesman told FOX Business that the company “is not commenting on any pending or potential litigation.”
“Burger King advertises its burgers as large burgers compared to competitors and with oversized meat pies and ingredients that flow down the bun to give the impression that the burgers are approximately 35% larger and contain more than twice the meat actual burgers,” the complaint said.
KING’S HAWAIIAN IS “DECEIPT” ABOUT WHERE ITS REELS ARE ACTUALLY MADE, THE LAWSUIT ALLEGES
It was added to the FLSD list on March 28, 2022.
Attorney James Kelly told FOX Business that the complaint aims to trick Burger King and other fast-food chains into promoting their menu items in a way that reflects reality.
“We are ultimately looking for changes to the photos for the materially exaggerated menu items and fairness across the industry on this matter,” he said in an email.
Menu items cited in the complaint for “overstatement” in advertising include the chain’s iconic Whopper and King lines, the breakfast Croisann’Wich (fully loaded and featuring egg and cheese) and the double sausage sandwich as well as other burger options include bacon or cheese.
A Burger King spokesperson told FOX Business in an email that the company “is not commenting on any pending or potential litigation.”
The complaint calls for a jury trial. It is claimed that the discrepancy between the sandwiches advertised and what the menu items look like in real life is a “deceptive commercial practice” that could be interpreted as false advertising.
HOW TO DETECT FALSE ADVERTISEMENTS
Russo and Kelly name four plaintiffs in the lawsuit, one of whom is from Florida; the other three are from New York.
RIHANNA’S LINGERIE COMPANY SAVAGE X FENTY ACCUSED OF DEPOSITIVE MARKETING
Plaintiffs allege they would not have purchased Burger King sandwiches if they had known “said burgers were much smaller than advertised.”
At least 100 plaintiffs are included in this pending class action, the complaint said.
“Burger King’s advertising of its burgers and menu items is unfair and financially harms consumers by providing them with food that is worth much less than promised,” the complaint argues.
“Burger King’s actions are of particular concern now that inflation, food and meat prices are very high and many consumers, especially low-income consumers, are facing financial difficulties.”
GET FOX BUSINESS ON THE GO BY CLICKING HERE
The complaint further credits food critics, YouTubers and consumers on Twitter who have posted content in which they also believe Burger King’s menu items are inconsistent with its ads.
A 26-page class-action lawsuit against Burger King argues that the fast-food chain “overstates” certain menu items in its advertising. (AP Photo/Gene J Puskar)
| ticker | security | Last | To change | To change % |
|---|---|---|---|---|
| QSR | RESTAURANT BRANDS INTERNATIONAL INC. | 58.22 | -0.17 | -0.29% |
“The matter in dispute exceeds the sum or value of $5,000,000, excluding interest and costs,” Russo of Florida-based Russo Firm and Kelly of the New York law firm of James C. Kelly wrote in the complaint.
CLICK HERE TO READ MORE ABOUT FOX BUSINESS
Burger King is headquartered in Miami.