A lawsuit against Burger King alleging false advertising over its Whopper burger is breathing new life following a judge’s ruling. The legal action claims that the images used in advertising the Whopper are completely out of proportion to what consumers receive when they purchase one.
The image at the top shows Burger King advertising, and the inset photo shows what a real Whopper looks like, according to plaintiffs and even those following the lawsuit.
The lawsuit represents 19 people from 13 different states who say they purchased Burger King’s signature Whopper based on “false and misleading advertising concerning the size and/or the amount of ingredients.”
Burger King sought to have the lawsuit dismissed, but US Southern Florida District Judge Roy Altman said in a ruling this week that he would allow the plaintiffs’ claims of negligent misrepresentation to move forward.
There is a catch, however, which prevents any settlement from going nationwide. Some states — but not Florida — require that a customer must have a “special relationship” with a company, person or entity in order to sue for negligent advertising.
A special relationship, which hinges on there being a “position of confidence or trust,” is similar to one that usually exists between an attorney and his/her client.