LOS ANGELES, CALIFORNIA: Fast food giants like Burger King, Taco Bell, and McDonald's are finding themselves in hot water with impending class action lawsuits from disgruntled consumers.
The lawsuits filed allege "deceptive marketing practices" and threaten to nibble away at the profits of some of America's most recognizable brands.
This wave of litigation follows recent settlements in the beverage industry, with A&W and Keurig Dr Pepper agreeing to pay out a substantial $15 million in July.
The dispute revolved around the labeling that claimed the beverage was "made with aged vanilla" though the soda actually contained synthetic flavoring.
Why is Burger King being sued?
A recent development involves a Miami judge granting plaintiffs permission to sue Burger King for $5 million, alleging that the company falsely portrayed its Whopper burgers as 35 percent larger in advertisements than they are in reality, as previously reported by MEAWW.
US District Judge Roy Altman emphasized that it is up to jurors to "tell us what reasonable people think." However, he cautioned plaintiffs that TV or online advertisements do not constitute a "binding offer" if they do not provide pricing or product information.
Burger King has vehemently denied the claims, with a spokesperson stating, "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."
Why is Buffalo Wild Wings being sued?
Another case gaining attention involves Buffalo Wild Wings, which is currently being sued in Chicago for its "boneless chicken wings" that are, in fact, not made from deboned chicken wings.
Marketing professor Jeff Galak from Carnegie Mellon University's Tepper School of Business comments on this fine line, stating, "There's a legal line. When is it puffery and when is it deceit? Companies are always trying to ride right up against that line."
The surge in class-action lawsuits against food and beverage companies is evident, with cases skyrocketing from 45 in 2010 to 214 last year. Most of these lawsuits center on false advertising or marketing that allegedly misleads consumers.
However, not all companies are simply rolling over in the face of such accusations. Dunkin' successfully defended itself against a 2020 case that alleged deception regarding the contents of its wraps.
Similarly, Buffalo Wild Wings took a lighthearted approach by openly addressing the ingredients in its products, using humor to defuse the situation. "It’s true," they tweeted. "Our boneless wings are all white meat chicken. Our hamburgers contain no ham. Our buffalo wings are 0% buffalo."
Which fast-food franchises are being sued?
Besides Burger King and Buffalo Wild Wings, similar lawsuits have been filed against McDonald's and Wendy's, who are currently defending their positions in a Brooklyn, New York federal court.
Taco Bell, a subsidiary of Yum Brands, also faces legal action, with a recent lawsuit alleging that Crunchwraps and Mexican pizzas contain only half as much filling as advertised.
The lawsuit seeks at least $5 million in damages for Taco Bell customers in New York state who purchased these items in the past three years.
Ben Michael, a criminal defense attorney in Austin, Texas, suggests that the recent wave of inflation may have tempted companies to reduce portion sizes as a cost-cutting measure.
He notes, "Unfortunately, many businesses make these changes without consulting their marketing department or updating their menus to represent new portion sizes and ingredients. This leaves them open to the kinds of lawsuits we've been seeing more of," reported CBS.
