As a result of the judge’s ruling, Burger King will now have to defend itself in court against claims that their Whopper advertisements are deceptive. In other words, size does matter in this case.
A class action lawsuit targeting Burger King’s iconic hamburger and how it has been marketed, notably its size, has been simmering for almost a year at this point. The class action plaintiffs think this amounts to misleading advertising.
The lawsuit claims that Burger King has been misleading consumers by offering them little Whoppers in-person, which are insignificant in relation to the advertisements, while boasting about enormous Whoppers in virtually all of their promotional material, including TV spots, internet sites, and other kinds of advertising.
Due to this alleged deceit, the complaint asserts that Burger King has been making money off of its customers for a long time, in violation of several rules and laws that apply to restaurants.
Burger King LIES About Size Of Whopper, Forced To Go To Court In Lawsuit Trial!
Regarding the judge’s decision on how this would play out, some aspects of the lawsuit’s continuation were approved by him, but not all of them.
Burger King won’t have to defend itself against the plaintiffs’ assertions that their alleged plan heavily relied on their web and television advertisements, according to Hizzoner. Neither will BK have to deal with claims made under consumer protection laws.
Burger King asked for some elements of the case to be dropped, and those requests were granted but, other portions of the litigation, which Burger King also wanted to have dismissed, have been approved for continuation.
Breach of contract, careless misrepresentation, and unjust enrichment are the three major issues that will still be presented to the jury.
Remember that print ads are still a part of the mix, in this case Burger King‘s in-restaurant menu photos of the Whopper, which these people claim were also very large and an important part of BK’s campaign.
What do you think? Is it about time that these chains are held responsible for their false advertisement, or do we all agree that we should understand the false ads? Let us know in the comments below.
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