U.S. District Judge Roy Oltmann in Miami said Burger King should defend itself against the claim that the Whopper pictures on its menu misled customers, which amounted to a breach of contract.
In the class-action lawsuit, Burger King was accused of photographing its sandwiches with “overflowing” ingredients, making them appear 35 percent larger and more than twice as much meat as the chain’s offerings.
Burger King responded that it was not required to serve up sandwiches that looked “exactly like the picture”, however the judge said it was up to the jury to decide.
Burger King or its attorneys did not immediately respond to requests for comment.
Previous mediation efforts to reach a settlement have failed.
And in mid-August, Burger King announced that tomato slices would not be added to sandwiches in many of its branches in India, after prices quadrupled, in the latest sign of rising food price inflation that has hit consumers hard across the country.
And banners were hung in two branches of “Burger King” in India reading: “Even tomatoes need a holiday. We cannot add (sliced) tomatoes to our food,” according to “Reuters”.
The famous restaurant chain cited quality issues in explaining this deficit.
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