Burger King’s Whipper will not disappear.
A federal judge in Florida denied this week the request of Burger King to reject a lawsuit against the company for the wrong ads related to its famous burgundy. It is the latest state of wrong ads targeting fast food chains.
The lawsuit represents 19 out of 13 different states who say they bought the signature of Burger King on “the wrong and misleading ads in the size and/or the amount of components.”
In a statement of Business Insider, Burger King denied these claims.
A spokesman for the company told BI: “The claims of the prosecutors are wrong.” “The grilled beef pies that were photographed in our ads are the same pies used in millions of burgers that we serve for guests throughout the United States.”
Burger King submitted a request to reject the lawsuit in May 2022, two months after it was first submitted. He has argued that every hand -made burger in the restaurant, the “look” of every sandwich “will necessarily differ.”
However, the judge of the South Florida Province in South Florida, Roy in his rule, said on Monday that he would allow the prosecutor to allegations of neglect to act to move forward.
In some states, the law requires the customer to have a “special relationship” with a company to prosecute him for distorting advertisements. The law defines a special relationship that it requires a “position of confidence or confidence”, as is the case with a lawyer or engineer. Food services work will not usually fall into this category. But the Florida law does not have this requirement, as he wrote.
Al -Taman said that the Burger King’s lawyers were “resisting a proper reading of the Florida Law” by noting that Burger King cannot be responsible based on the lack of a special relationship.
Rousseau, a legal company for groups that represent the prosecutors, wrote in a blog post that the ruling of Taman is “important”.
The publication says: “The court’s decision emphasizes the importance of the sincere advertisement and may put a precedent on how to represent fast food chains.” “The results of this issue can have wider effects on the marketing standards within the industry.”
Whopper is the latest example of wrong claims targeting fast food chains. In 2023, for example, a federal judge in Brooklyn rejected a similar wrong advertising lawsuit against Windy and McDonald’s who accused restaurants of marketing burger as greater than reality.
The American boycott judge, Hector Gonzalez, said in his ruling on that case that the plaintiff had not proven that the reasonable consumer could have been misleading by advertisements.
Also in 2023, a man filed a collective lawsuit against Buffalo Wild Wings, accused of distorting chicken wings without passing, which is actually made of chicken meat.
Bill Marler, a lawyer who specializes in food safety cases, previously told these types of collective suits often not in legal fruitful and toured “the high line between calling for consumers and harassment only.”
“It raises the problem about what is the real purpose here? Are they from the consumer defenders and then extracting fees and costs from the company to discourage them from doing this again? Or is it just a tool for extracting fees and costs from the company?” Marler said.
