Burger King faces lawsuit disputing Whopper sandwich size
A Florida judge denied Burger King's motion to dismiss the case.
Fast food chain Burger King is facing a lawsuit that claims its signature Whopper is marketed on restaurant menu boards as a bigger sandwich than it is in reality.
U.S. District Judge Roy Altman in the Southern District of Florida denied Burger King's motion to dismiss the case, a decision that was made public Friday, according to Reuters. Altman however, did dismiss claims brought against Burger King's online and TV advertisements.
Consumers in the proposed class-action lawsuit claim Burger King misleads customers and has allegedly committed a breach of contract by showing its bestselling burger with ingredients that "overflow over the bun," which make the sandwich appear 35% larger, and with more than double the amount of meat than what it actually serves customers.
"These people aren't looking to get $5 million dollars because they bought a hamburger that didn't look like what they were advertised. The consumers really want to bring about change. They have a lot of choices. They just want to just be told truthfully what their choices are," Anthony Russo, an attorney for the plaintiffs, told "Good Morning America."
A Burger King spokesperson told ABC News in a statement, "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."
ABC News legal analyst and The Cochran Firm managing partner Channa Lloyd explained, "Essentially, this lawsuit boils down to, 'You sold me something that wasn't exactly what I got.' Burger King is just gonna have to show that they were not in a contractual agreement and that what they advertised was what they gave to consumers, and that any hyperbole on their part or exaggeration was what a reasonable consumer would expect."
Past efforts to mediate a settlement between the plaintiffs and Burger King on this issue have been unsuccessful.
Burger King isn't the only fast food giant facing such legal trouble.
Taco Bell was sued last month in New York for allegedly selling Crunchwrap Supremes and Mexican Pizzas with half as much filling as its promotions suggest. The chain has not responded to ABC News' request for comment.
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