Judge denies dismissal of Burger King lawsuit – Other food companies also targeted.
Food Ads Under Fire: Burger King and Others Face Lawsuits for False Advertising
Food ads have long tantalized consumers with images of bigger, juicier, and crispier products than what they actually deliver. But now, some consumers are saying enough is enough, and they’re taking legal action against companies they believe have crossed the line into deception.
Burger King is the latest company to find itself in the crosshairs of a class-action lawsuit. A federal judge in Florida recently refused to dismiss the suit, which claims that Burger King’s ads exaggerate the amount of meat in its Whopper burger and other sandwiches. However, Burger King is not alone in facing these allegations.
In fact, according to Perkins Coie, a law firm that tracks class-action suits, there were 214 lawsuits filed against food and beverage companies in 2022, with 101 filed in just the first six months of this year. This represents a significant increase from 2010, when only 45 such lawsuits were filed.
Pooja Nair, a partner at the law firm Ervin Cohen and Jessup, which represents food and beverage companies, explains that the wave of class-action lawsuits began hitting federal courts a few years ago. Initially, there were false advertising claims against chip makers for not filling their bags completely, but most of those suits were dismissed.
Since 2019, however, hundreds of lawsuits have been filed alleging that consumers are being misled by “vanilla-flavored” products that do not actually contain pure vanilla or vanilla beans. These cases are often filed in New York, California, and Illinois, where federal courts are less likely to dismiss them outright.
While the Burger King case was filed in Miami, where the company is headquartered, the attorney who filed it also has similar cases pending in New York against Wendy’s, McDonald’s, and Taco Bell. However, the attorney did not respond to a request for comment.
Companies often choose to settle these cases before a lawsuit is filed, rather than going through the time and expense of fighting them in court. For example, earlier this summer, A&W and Keurig Dr Pepper agreed to pay $15 million to settle claims that they had deceived customers with the label “Made with aged vanilla” on cans of soda that actually used synthetic flavoring.
There are several factors contributing to the rise in these lawsuits. One is the power of social media, which can quickly spread images of disappointing products and inform potential plaintiffs. Additionally, consumers are becoming more aware of health and nutrition, causing them to question product claims.
Ben Michael, an attorney in Texas, suggests that inflation may also be a factor, as restaurants may have reduced portion sizes to cut costs without updating their menus accordingly. This leaves them vulnerable to lawsuits.
In the case against Burger King, plaintiffs in multiple states sued, claiming that the burgers they purchased were about 35% smaller than the ones depicted in advertisements and on store menu boards. They argue that they would not have bought the sandwiches if they had known the actual size. Burger King denies these claims, stating that the beef patties in its ads are the same as those served in its restaurants nationwide.
While some of the plaintiffs’ claims were dismissed by the judge, others, including claims of negligent misrepresentation, will proceed. The outcome of the case remains uncertain, as previous cases against fast-food giants have been challenging to win due to the variability of each sandwich.
Ultimately, these lawsuits could lead companies to be more cautious with their ads, but this could come at a cost. More realistic photos may result in lower sales, as companies try to navigate the legal line between puffery and deceit.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
Source: Federal Judge Refuses to Dismiss Burger King Whopper-Size Lawsuit – Other Food Companies Also in Crosshairs - The Western Journal
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