Burger King is facing a lawsuit alleging that its advertisements are misleading customers by making its products, specifically the Whopper sandwich, appear larger than they actually are. US District Judge Roy Altman in Miami recently ruled that it is plausible that some reasonable consumers could be deceived by Burger King’s ads.
Nineteen customers from 13 states have accused Burger King of exaggerating the size of nearly all menu items in its in-store and online ads. They claim that the burgers depicted in the ads appear to be overflowing the buns, with the Whopper appearing 35% larger than the actual product and containing double the amount of meat.
Burger King has defended its advertising practices by stating that the purpose of menu board photos is to make the items look as appealing as possible. The company admitted that their photographers style the sandwiches to look more attractive than they do in reality, but they argue that reasonable consumers are aware of this practice.
Judge Altman found that the allegations against Burger King’s ads are more than just mere exaggeration or puffery. He differentiated this case from a similar lawsuit against McDonald’s and Wendy’s, which was dismissed by a federal judge in Brooklyn in September 2023. Altman noted that Burger King allegedly overstated the size of its products to a much greater extent, especially in post-2017 ads where the Whopper appeared even larger than in previous ads.
Burger King is owned by Restaurant Brands International, a company based in Toronto that also operates brands such as Tim Hortons, Popeyes, and Firehouse Subs. The company has denied the allegations, stating that the beef patties shown in their advertising are the same ones used in the burgers served to customers nationwide.
The plaintiffs’ lawyer, Anthony Russo, expressed satisfaction with the judge’s decision in the case. A similar lawsuit against Subway is currently pending in the Brooklyn court. The lawsuit against Burger King is identified as Coleman et al v Burger King Corp in the U.S. District Court for the Southern District of Florida.
Overall, the lawsuit against Burger King highlights the ongoing debate over the accuracy of fast-food advertising and the responsibilities companies have to present their products truthfully to consumers. It remains to be seen how this legal battle will unfold and whether it will have implications for other fast-food chains in the future.
