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Federal Judge in Florida Dismissing Part of Deceptive Trade Practices Claim Against Burger King, Allows Other Part of Case to Move Forward

West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

According to a report from Restaurant Dive, a federal judge in South Florida has dismissed part of a deceptive trade practices claim against Burger King while simultaneously allowing the other part of the case to proceed. The complaint in question alleges that Burger King deceptively inflated the size of its “Whoppers” in its advertising by as much as 35 percent. Here, our Miami unfair trade practices attorney provides an in-depth review of this case.

Allegations: Burger King Told a Whopper Over the Size of the Whopper 

A proposed class action lawsuit filed on behalf of consumers in the United States District Court for the Southern District of Florida alleges that Burger King materially misled the public over the size of its signature burger: The Whopper. Specifically, the lawsuit contends that the visual images that the company uses in its advertising shows a burger “overflowing” outside of the bun. Yet, the complaint alleges that the actual Whopper served to consumers is approximately 35 percent smaller.

Federal Judge Denies Effort to Dismiss Negligent Misrepresentation/False Enrichment Claim

 While a portion of the claims against Burger King—including a breach of contract claim—were dismissed, Federal District Court Judge Roy Altman ruled against Burger King’s bid to dismiss claims of negligent misrepresentation and false enrichment over their Whopper-related advertising. Plaintiffs argued that the ads from the company—both on television and inside of franchise locations—exaggerate the Whopper’s size. Burger King denied the allegations and also countered that reasonable consumers know that advertisements typically make food look more appealing. Notably, the federal class action deceptive advertising lawsuit applies to consumers in nearly a dozen states, including Florida.

The FDUTPA is the Basis of Most Deceptive Advertising Claims in Florida 

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) serves as the primary legal foundation against deceptive trade practices in our state. It is a state law that was modeled after the Federal Trade Commission Act—which is the primary federal law that outlawed unfair methods of competition. However, unlike federal law, the FDUTPA provides parties with a private right of action. As such, an individual consumer or private business can file an FDUTPA lawsuit to seek compensation for damages caused by a deceptive or unfair commercial practice. Through an FDUTPA claim, a plaintiff may be able to recover for “actual damages” that they sustained as a direct consequence of the violative conduct by the defendant.

Set Up a Confidential Case Review With a Deceptive Trade Practices Lawyer in South Florida

At Pike & Lustig, LLP, our Florida deceptive commercial practices attorney goes above and beyond to help clients get the best results. If you have questions about an unfair trade practices claim, we can help. Contact us now to set up your confidential initial appointment. With a law office in Miami and a law office in West Palm Beach, we represent both plaintiffs and defendants in FDUTPA claims in South Florida, including in Miami-Dade County, Broward County, and Palm Beach County.



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