Burger King and others face backlash for false advertising

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Fast-food chains are feeling the heat from false advertising lawsuits claiming their food doesn’t match ads or photos on the menu board. Consumer advocates point to shrinking portion sizes and overzealous marketing teams. The food industry says lawyers are egging on litigious customers.

In the first half of the year, 101 class action lawsuits were filed against food and beverage companies compared to 19 in 2008, according to data from Perkins Coie, a law firm that tracks class action suits. U.S. District Judge Roy Altman last week ruled that a lawsuit against Burger King could move forward but dismissed claims based on TV and online ads.

The lawsuit claims that the advertisements and photos on store menu boards show burgers that are about 35% larger than the burgers plaintiffs purchased. Meanwhile, Taco Bell was sued in July over claims its Crunchwraps and Mexican pizzas allegedly contain only half as much filling as advertised. McDonald’s and Wendy’s are defending against a similar lawsuit, Reuters reported. Each lawsuit seeks at least $5 million in damages.

Anthony Russo, an attorney for the Burger King plaintiffs, told “Good Morning America,” that his clients “aren’t looking to get $5 million dollars because they bought a hamburger that didn’t look like what they were advertised.”

“The consumers really want to bring about change,” Russo said, adding they want to be “truthfully what their choices are.”