Judge Rejects Dismissal Request
U.S. District Judge Roy Altman in Miami ruled that Burger King must address the allegations that its in-store menu boards deceived customers, constituting a breach of contract. The claimants in the proposed class-action suit argued that Burger King depicted burgers with ingredients overflowing the bun, giving the impression that the burgers were 35% larger and contained more than twice the meat served.
Burger King's Counter Argument
Burger King, a subsidiary of Restaurant Brands International (NYSE: QSR), argued that it was not obligated to serve burgers that looked "exactly like the picture." However, Judge Altman stated that it would be up to the jurors to determine what reasonable people would expect.
Other Claims Allowed and Dismissed
In the publicly released decision, Altman also permitted the claimants to pursue negligence-based and unjust enrichment claims but dismissed claims related to TV and online advertisements, as none of them promised a specific burger "size" or patty weight that was not delivered.
No Comment from Parties Involved
Neither Burger King nor its legal representatives responded immediately to requests for comment on Tuesday. The plaintiffs' lawyer was also unavailable for immediate comment. Previous attempts to negotiate a settlement were unsuccessful.
Similar Lawsuits Against Other Fast Food Chains
McDonald's (NYSE: MCD) and Wendy's (NASDAQ: WEN) are currently defending against a similar lawsuit in the federal court of Brooklyn, New York. The plaintiffs' attorney in that case referenced Altman's decision to justify the continuation of the lawsuit. Additionally, Taco Bell, a division of Yum Brands, was sued last month in the same court for allegedly selling Crunchwraps and Mexican pizzas with only half the advertised filling.
