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Where's the beef? Burger King must face claims of deceptive ads over Whopper size, judge rules

The suit claims that the images of the sandwich on the store's menus are misleading and amount to a breach of contract.

Published: August 30, 2023 8:00pm

A Florida judge this week rejected a bid from Burger King to dismiss a class action lawsuit against the fast food chain that has alleged the franchise repeatedly exaggerated the size and beef content of its signature Whoppers.

The suit claims that the images of the sandwich on the store's menus are misleading and amount to a breach of contract. It also claims that deceptive advertising, which allegedly began in 2017, has made the Whoppers appear "approximately 35% larger in size, and contain more than double the meat, than the actual burger," according to Fox Business.

U.S. District Judge Roy Altman on Tuesday rejected Burger King's bid for dismissal, allowing the suit to advance. At least 100 plaintiffs have joined the suit.

Attorney James C. Kelly, one of the lawyers representing the plaintiffs, told Fox Business that the group is seeking changes to the menu photos and "fairness across the industry on the issue."

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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