Burger King Faces Whopper Lawsuit

Burger King must face a class-action lawsuit alleging its advertisements mislead customers by depicting the Whopper and other menu items as significantly larger than in reality. 

On Monday, U.S. District Judge Roy Altman in Miami ruled that it’s plausible some reasonable consumers could be deceived by the ads. 

Reuters reports nineteen plaintiffs from 13 states claim Burger King’s in-store and online ads exaggerate the size of nearly all menu items, particularly portraying the Whopper as 35% larger with over double the meat.

Burger King admitted to styling sandwiches more attractively for photos but argued that reasonable consumers understand the ads aim to make food look appetizing. 

Judge Altman, however, found the allegations go beyond mere exaggeration, distinguishing the case from a dismissed lawsuit against McDonald’s and Wendy’s. He noted Burger King’s post-2017 ads allegedly overstated product sizes to a greater extent. 

Burger King, a subsidiary of Restaurant Brands International, called the claims “false,” asserting the advertised beef patties match those served. The plaintiffs’ attorney, Anthony Russo, welcomed the ruling. 

A similar lawsuit against Subway is ongoing in Brooklyn.