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ARTICLE · 08 MAY 2025

Does Food Styling Communicate Specific Product Claims?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Agroup of consumers sued Burger King, alleging that photos of the burgers in the company's advertising misled them...

United StatesMedia, Telecoms, IT, Entertainment

Agroup of consumers sued Burger King, alleging that photos of the burgers in the company's advertising misled them about what they were going to get. Burger King moved to dismiss, but a federal district court in Florida allowed the case to proceed. Here's why. 

In most states, in order to prove false advertising, you need to show that a “reasonable consumer" would be misled. That requires courts to ask whether a consumer, acting reasonably under the circumstances, would be misled in a manner that would cause injury to the consumer. In its motion to dismiss, Burger King argued that reasonable consumers wouldn't be misled here, because “styling ingredients for photographic purposes, such as by pulling them forward to a head-on image clearly shows what the burger contains, is not misleading to a reasonable consumer visiting a quick service restaurant, and no precedent suggests otherwise.” 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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