Ikenna Ike
Ikenna Ike- The problem of false advertising.
A US judge has decided that Burger King must defend against a claim that it inflates the size of its Whopper burger on its menus.
The fast food behemoth is charged with deceiving customers by depicting the burger with meatier patties and toppings that pop outside of the bread. Burger King informed the BBC that the plaintiffs’ claims are false.
In the US, rival restaurants Wendy’s and McDonald’s are being sued in a related case.
According to the Burger King class action lawsuit, the Whopper was manufactured to appear 35% larger and to contain twice as much meat as what was actually given to consumers. Burger King had previously maintained that it wasn’t necessary to deliver burgers that exactly matched the image.
US District Judge Roy Altman ruled that it should be up to the jury to determine what reasonable persons would think. He denied, nevertheless, that Burger King’s television and online marketing deceived consumers.
After the decision, a Burger King representative issued a statement saying, "The flame-grilled beef patties depicted in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide."
The Whopper is referred to as "the burger to rule them all" on the Burger King website. It has a "real meaty" beef patty in addition to additional fixings.
Recent legal challenges involving alleged deceptive advertising have been leveled against other fast food corporations.
Similarly, Taco Bell was sued in the US earlier this year for allegedly selling pizzas and wraps that only had half the filling that was stated.
And a man in New York last year launched a class-action lawsuit against Wendy’s and McDonald’s, accusing the two businesses of unfair and dishonest business practices.
According to the lawsuit, the burgers at McDonald’s and Wendy’s were at least 15% larger than they actually were in marketing materials.
In 2010, a complaint involving an advertisement for one of Burger King’s chicken burgers was investigated by the UK’s Advertising Standards Authority (ASA), and the complaint was upheld. According to Donna Castle from the ASA, "in that instance, the burger was not as plump and did not have as much filling as in the ad, and we banned it."
Donna Castle argues that the advertisements that customers see and hear should be trustworthy. Ads shouldn’t exaggerate or omit any crucial information, nor should they be confusing or materially deceptive.
Every company that offers a good or service must advertise, and a cutthroat market can result in a variety of questionable tactics.
Businesses occasionally overstate certain features of their goods and services, such as declaring them "the best in the world," but occasionally advertisements cross the line into illegal territory.
State and federal consumer protection laws frequently forbid claims that are blatantly untrue or misleading, particularly when they have the potential to hurt consumers or other companies.
What counts as false advertising?
Deceptive or misleading product descriptions, especially ones that suggest a product has features or benefits it doesn’t have or is of greater quality than it actually is, are a typical form of false advertising.
False advertising can usually be seen as using ambiguous words like "organic," "natural," or "light", false assertions of scientific backing or approval by professional organizations in medicine or science, misleading images or illustrations, use of coloring or other alterations to give the impression that a product is of a lower grade or making false claims about the presence of particular substances or quantities of ingredients in a product.
Hidden fees or surcharges can result in a consumer’s ultimate price being far higher than the quoted price, which is another classic misleading advertising tactic.
Telecommunications providers may do this when they conceal unapproved, extra charges on their customers’ bills. The Federal Trade Commission (FTC) refers to this behavior as "cramming." Airlines have also come under fire for charging passengers with unexpected expenses.
Deceptive pricing strategies, such as when a liquidator raises prices while saying that they have been reduced, may be used in "going out of business" deals.
Advertisers may deceive consumers into thinking a product is bigger or smaller than it really is by utilizing a different unit of measurement. Food goods may contain filler to make them heavier or packing material to make them appear larger.
Businesses may provide customers with a guarantee or warranty for their services without specifying a remedy and then choose not to offer any form of compensation.
Advertising may mislead consumers by comparing one’s product to a competitor’s product. Advertisers may utilize terms like "stronger" or "better," which have a hazy or unclear meaning, without properly setting the comparison in its right context.
Laws governing misleading and fraudulent advertising must fill in the gaps left by contract law, which often requires clarity in the terms for a contract to be enforced.