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Burger King must defend its Whopper size in court. Other fast food chains may follow

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As It Happens6:30Burger King must defend its whopper size in court. Other fast food chains may follow

 

Anthony J. Russo says his firm’s lawsuits against four fast food giants is about a lot more than how much beef is in a burger.

The U.S. lawyer is working on three class-action lawsuits targeting four major brands — Burger King, Taco Bell, McDonald’s and Wendy’s. Each suit was filed on behalf of dissatisfied customers who allege the companies make their menu items look bigger and better in marketing than they really are.

“Today, it starts with the possibility of a fast food item that’s, you know, a few dollars in cost. Tomorrow, it’s an automobile or a vehicle or a home,” Russo, president of the Russo Law Firm, told As It Happens guest host Katie Simpson.

“If you don’t put some kind of stop measures in here, there’s no limit to what is going to be, you know, the truthfulness in the advertising. And that’s really the basis of our lawsuit.”

On Friday, he secured a small victory when the U.S. District Judge Roy Altman in Miami rejected Burger King’s bid to dismiss the suit.

Already, Russo’s firm has cited Altman’s opinion in its New York case against McDonald’s and Wendy’s, to justify letting that suit continue.

‘The plaintiffs’ claims are false’: Burger King

Burger King — a unit of Restaurant Brands International — denies the lawsuit’s allegations.

“The plaintiffs’ claims are false,” the company said in an emailed statement to CBC. “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.”

The burger chain tried to have the suit tossed, arguing it’s not required to deliver burgers that look “exactly like the picture.”

Altman dismissed the lawsuit’s claims based on TV and online ads, saying he found none in which Burger King promised a burger “size,” or patty weight and failed to deliver it. But he said the company must defend against a claim that its depiction of Whoppers on in-store menu boards mislead reasonable customers, amounting to a breach of contract.

In his ruling, the judge said it was up to jurors to “tell us what reasonable people think.”

Neither McDonald’s, Wendy’s nor Taco Bell responded to requests for comment from CBC.

This image was taken from a lawsuit accusing Taco Bell of misleading customers about the amount of filling in its Crunchwraps and other menu items. (Siragusa vs. Taco Bell Corps)

Russo doesn’t necessarily disagree with Burger King’s statement.

“They may be the same patties, but … what you see is not what you get,” he said. “It’s our opinion and our allegations that the differences are very, very clear to the naked eye.”

The lawsuits include images of marketed menu items and compare them to the real deal to see if they pass what Russo calls “the eye test.”

The images on menus and ads, he says, portray “a big, thick, juicy burger, flame broiled, dripping with, you know, juiciness,” and topped with “bright green, fresh, crisp lettuce” and ripe tomato protruding from a “glistening bun.”

“In reality, what you see when you unwrap it … would be a very, very thin and greyish looking dried-out burger with maybe some wilted lettuce, you know, popping through on the sides,” he said.

A lawsuit against Wendy’s and McDonald’s accuses the fast food giants of misleading customers about the size of its burgers. These images, used in court filings, show a Wendy’s bacon cheeseburger as advertised versus a real one from a YouTube review. (Wendys.com, Usfoods72/Chimienti vs Wendys)

The lawsuits — each of which seeks at least $5 million US in damages — claim the difference comes down to deceptive practices by food stylists, people who design, prepare and style food for photography or videos.

One Wendy’s food stylist quoted in that lawsuit said she would use undercooked beef in order to make the patties appear larger than they are when served.

The allegations have not been proven in court.

Could pave the way for future lawsuits

New York lawyer Spencer Sheehan, who is not involved in the cases, called Altman’s ruling “a positive development” that could pave the way for other lawyers to bring similar lawsuits.

“As long as, you know, one judge somewhere has said that a course of action or a theory is OK, basically …  that’s open season in a way,” he told CBC.

But he warned there’s a high bar to meet in this kind of litigation. And he should know. He has filed hundreds of lawsuits against food companies over claims of dishonest packaging and advertising. He’s sometimes called “the Vanilla Vigilante” because more than 100 of his cases involve vanilla-flavoured products that, he says, contain no actual vanilla.

“I support these cases and I hope they have, you know, success,” he said. “And I’m going to watch them very close.”

 

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.

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Dollarama keeping an eye on competitors as Loblaw launches new ultra-discount chain

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Dollarama Inc.’s food aisles may have expanded far beyond sweet treats or piles of gum by the checkout counter in recent years, but its chief executive maintains his company is “not in the grocery business,” even if it’s keeping an eye on the sector.

“It’s just one small part of our store,” Neil Rossy told analysts on a Wednesday call, where he was questioned about the company’s food merchandise and rivals playing in the same space.

“We will keep an eye on all retailers — like all retailers keep an eye on us — to make sure that we’re competitive and we understand what’s out there.”

Over the last decade and as consumers have more recently sought deals, Dollarama’s food merchandise has expanded to include bread and pantry staples like cereal, rice and pasta sold at prices on par or below supermarkets.

However, the competition in the discount segment of the market Dollarama operates in intensified recently when the country’s biggest grocery chain began piloting a new ultra-discount store.

The No Name stores being tested by Loblaw Cos. Ltd. in Windsor, St. Catharines and Brockville, Ont., are billed as 20 per cent cheaper than discount retail competitors including No Frills. The grocery giant is able to offer such cost savings by relying on a smaller store footprint, fewer chilled products and a hearty range of No Name merchandise.

Though Rossy brushed off notions that his company is a supermarket challenger, grocers aren’t off his radar.

“All retailers in Canada are realistic about the fact that everyone is everyone’s competition on any given item or category,” he said.

Rossy declined to reveal how much of the chain’s sales would overlap with Loblaw or the food category, arguing the vast variety of items Dollarama sells is its strength rather than its grocery products alone.

“What makes Dollarama Dollarama is a very wide assortment of different departments that somewhat represent the old five-and-dime local convenience store,” he said.

The breadth of Dollarama’s offerings helped carry the company to a second-quarter profit of $285.9 million, up from $245.8 million in the same quarter last year as its sales rose 7.4 per cent.

The retailer said Wednesday the profit amounted to $1.02 per diluted share for the 13-week period ended July 28, up from 86 cents per diluted share a year earlier.

The period the quarter covers includes the start of summer, when Rossy said the weather was “terrible.”

“The weather got slightly better towards the end of the summer and our sales certainly increased, but not enough to make up for the season’s horrible start,” he said.

Sales totalled $1.56 billion for the quarter, up from $1.46 billion in the same quarter last year.

Comparable store sales, a key metric for retailers, increased 4.7 per cent, while the average transaction was down2.2 per cent and traffic was up seven per cent, RBC analyst Irene Nattel pointed out.

She told investors in a note that the numbers reflect “solid demand as cautious consumers focus on core consumables and everyday essentials.”

Analysts have attributed such behaviour to interest rates that have been slow to drop and high prices of key consumer goods, which are weighing on household budgets.

To cope, many Canadians have spent more time seeking deals, trading down to more affordable brands and forgoing small luxuries they would treat themselves to in better economic times.

“When people feel squeezed, they tend to shy away from discretionary, focus on the basics,” Rossy said. “When people are feeling good about their wallet, they tend to be more lax about the basics and more willing to spend on discretionary.”

The current economic situation has drawn in not just the average Canadian looking to save a buck or two, but also wealthier consumers.

“When the entire economy is feeling slightly squeezed, we get more consumers who might not have to or want to shop at a Dollarama generally or who enjoy shopping at a Dollarama but have the luxury of not having to worry about the price in some other store that they happen to be standing in that has those goods,” Rossy said.

“Well, when times are tougher, they’ll consider the extra five minutes to go to the store next door.”

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:DOL)

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U.S. regulator fines TD Bank US$28M for faulty consumer reports

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TORONTO – The U.S. Consumer Financial Protection Bureau has ordered TD Bank Group to pay US$28 million for repeatedly sharing inaccurate, negative information about its customers to consumer reporting companies.

The agency says TD has to pay US$7.76 million in total to tens of thousands of victims of its illegal actions, along with a US$20 million civil penalty.

It says TD shared information that contained systemic errors about credit card and bank deposit accounts to consumer reporting companies, which can include credit reports as well as screening reports for tenants and employees and other background checks.

CFPB director Rohit Chopra says in a statement that TD threatened the consumer reports of customers with fraudulent information then “barely lifted a finger to fix it,” and that regulators will need to “focus major attention” on TD Bank to change its course.

TD says in a statement it self-identified these issues and proactively worked to improve its practices, and that it is committed to delivering on its responsibilities to its customers.

The bank also faces scrutiny in the U.S. over its anti-money laundering program where it expects to pay more than US$3 billion in monetary penalties to resolve.

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:TD)

The Canadian Press. All rights reserved.

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