It happens again and again that corporations in the USA are sentenced to spectacular compensation payments. The case of a McDonald’s customer who won more than half a million dollars in compensation in the 1990s because the fast-food giant served coffee that was too hot is famous. She suffered severe burns when she was buried in the car.
On the other hand, the damage that occurs when the burger served is a little smaller than the picture on the menu suggests is much easier to bear. Nevertheless, several fast food chains in the USA are currently facing lawsuits worth millions for precisely this reason. And these seem to have a good chance of success.
According to US media, Burger King has just failed in its attempt not to allow a class action lawsuit because the whoppers are too small. Miami District Judge Roy Altman dismissed the fast-food giant’s request. Altman ruled that Burger King should defend itself in court against allegations that it misled its customers about the size of the whoppers it sold. The lawsuit seeks $5 million in damages.
In the class action lawsuit, customers accuse the burger company of advertising the Whopper with images that made it appear 35 percent larger than it actually is. In addition, the whopper contained not even half as much meat as suggested by the pictures. Burger King, on the other hand, argues that it is not obligated to serve burgers that look “exactly like the picture”. In addition, “the allegations of the plaintiffs are wrong,” said a company spokesman in a statement. “The flame-grilled beef patties featured in our ad are the same ones used in the millions of Whopper sandwiches we serve to our diners nationwide.”
Judge Altman said it was not his job to rule on whether consumers were being duped. He wants the case admitted to trial so a grand jury can “tell us what sensible people are thinking.” After all, Altman dismissed part of the lawsuit: Burger King does not have to answer for television and online advertising, but only for the display on the menus in the restaurants.
If the Whopper lawsuit is successful, other US fast food chains facing similar lawsuits are threatened. The law firm behind the Burger King lawsuit also targeted McDonald’s, Wendy’s and Taco Bell. In New York, there is currently a legal dispute with McDonald’s and Wendy’s – also because of too small and badly topped burgers. And the Taco Bell chain is facing a lawsuit alleging advertising and reality over its wraps. Each of these lawsuits seeks at least $5 million in damages.
Sources: Reuters/Forbes/Insider/CBC/Washington Post
