Shocking lawsuit: 'Burger King's Whopper is too small'

Written by Jakob A. Overgaard

Aug.31 - 2023 7:58 PM CET

Photo: Jumpstory
Photo: Jumpstory
Burger King, a global fast-food giant, has long been overshadowed by its fierce competitor, McDonald’s. Yet, in a surprising twist, the brand now faces a significant challenge that could impact its reputation.

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A recent lawsuit alleges that the Whopper, one of Burger King's signature sandwiches, doesn't quite measure up to its advertised size.

The lawsuit, as reported by Reuters, is not just a minor complaint from a disgruntled customer. It's a class-action suit, meaning that it represents the grievances of many. The primary contention? The images of the Whopper displayed in Burger King outlets depict a sandwich that generously "overflows over the bun." However, the actual served Whopper, according to the lawsuit, is considerably smaller. The visual discrepancy is estimated to be around 35%, making the advertised Whopper appear much larger than its real-life counterpart.

In response to these allegations, Burger King's headquarters presented a robust defense. They argue that their burgers aren't obligated to match the size of those shown in promotional images. In a significant development, U.S. District Judge Roy Altman decided that a jury would determine what "reasonable people think" about this matter.

Interestingly, Burger King isn't the only fast-food chain to face such scrutiny. McDonald’s, despite its enormous global presence, has encountered similar claims, as has Wendy's, another major player in the fast-food industry.

The fast-food sector seems to be unique in facing these kinds of challenges. In most industries, the difference between a product's advertisement and its reality isn't a significant issue. For instance, cars are typically advertised accurately, and iPhones in advertisements are almost always identical to the ones customers purchase. Even credit cards, like those from American Express, might appear larger in ads, but their real-world functionality isn't compromised.

If Burger King loses this lawsuit, they might have to reconsider their advertising strategy. They could be compelled to adjust the size of the Whoppers in their promotional photos to reflect the actual product more accurately. Whether this potential change will affect their sales remains to be seen.

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