The campaign led to controversy in early 1986. An 11-year-old boy named "Peter W" spotted Herb at the Burger King restaurant in Newark, Delaware and believed that he had won $5,000. Because he was under the age of 16, the minimum age for participating in the promotion, the prize money was given to the boy's older friend, who was with him at the time. Burger King defended their decision, stating that the restriction was intended to dissuade students from skipping school to search for Herb. The boy's parents complained to their representative in Newark. The matter was then brought before the full State Senate, which passed a resolution condemning Burger King's actions as "consumer fraud".