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The Street
The Street
Danni Button

Burger King is being sued for the advertised hamburger vs. reality

When it comes to fast food, what you see on TV is rarely what you find when you open the big paper bag. Commercials are full of hot, steamy burger patties and beautiful, fresh vegetables. But let’s be honest, people don’t flock to fast food drive-thrus for the produce.

But a wave of lawsuits against fast food companies are demanding that these restaurants deliver the goods as promised. Recently a U.S. judge threw out Restaurant Brands Inc. (QSR) -) fast food chain Burger King’s request to dismiss a case that claims the real-life Whopper doesn’t deliver the same sized whop as appears in advertisements.

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The claim alleges that the Whopper is advertised as at least 35% larger than it actually is. Claimants are asking for at least $5 million in damages for the class action lawsuit. Burger King has argued that its burgers aren’t required to look “exactly like the picture.”

More in restaurants:

Miami’s U.S. District Judge Roy Altman ruled that a juror would decide what “reasonable people think.” A Burger King spokesperson says that “the plaintiffs’ claims are false.

"The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide,” the spokesperson said.

McDonald’s (MCD) -) is currently tangled up in a similar case in New York over the size of its burgers. Meanwhile, Yum Brands (YUM) -) restaurant Taco Bell is facing the same claim about the side of its Crunchwraps and Mexican pizzas.

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