COLUMBUS, Ohio (WCMH) — Burger King’s attempt to dismiss a lawsuit alleging the deceptive portrayal of the size of the chain’s famous Whopper burger was denied by U.S. District Judge Roy Altman in Miami.
The lawsuit claims Burger King misled customers with in-store menu depictions, according to Reuters.
Plaintiffs in the proposed class action argued that Burger King’s images made burgers seem 35% larger, with “overflowing” ingredients, misleading customers. The fast-food giant asserted that it was not obligated to serve an item that looked “exactly like the picture.” The judge stated jurors should decide on “what reasonable people think.”
Altman’s decision allows customers to pursue negligence-based and unjust enrichment claims. Claims related to TV and online ads were dismissed, as they did not promise specific burger “size” or weight.
The judge’s decision comes after previous settlement mediation attempts were unsuccessful.