Burger King’s Advertising Claims Under Fire In Federal Lawsuit

Cheeseburger with fries on a wooden board.

Burger King’s iconic Whopper is at the center of a federal lawsuit that could change how fast food chains advertise their products, as customers claim the restaurant chain has been significantly exaggerating the size of its burgers in advertisements.

Quick Takes

A federal judge has allowed a class action lawsuit against Burger King to proceed, with 19 customers from 13 states claiming the advertised Whopper is 35% larger than reality
According to plaintiffs, Burger King’s advertisements show burgers with double the meat compared to what customers actually receive
Judge Roy K. Altman ruled that Burger King’s advertisements may “go beyond mere exaggeration or puffery”
Burger King maintains that the claims are false, stating they use the same beef patties in ads and in restaurants
A similar lawsuit against McDonald’s and Wendy’s was dismissed in September

Federal Judge Allows False Advertising Lawsuit to Proceed

U.S. District Judge Roy K. Altman has ruled that a class action lawsuit against Burger King can move forward, finding merit in claims that the fast food giant misrepresents the size of its signature Whopper and other menu items in advertisements. The lawsuit, filed in 2022 by 19 customers across 13 states, alleges that Burger King’s promotional materials consistently depict burgers that are approximately 35% larger than what customers actually receive when visiting their restaurants. The complaint specifically points to side-by-side comparisons showing striking differences between advertised products and reality.

The lawsuit extends beyond just the Whopper, including claims about other menu items such as the Impossible Whopper and Bacon King, which plaintiffs say are similarly overstated in promotional materials. According to court documents, the customers expressed significant disappointment when comparing what they were served to what had been advertised, claiming that the discrepancy constitutes false advertising rather than acceptable marketing flourish. Burger King had attempted to have the case dismissed, arguing their advertisements fall within normal marketing practices.

Burger King Defends Its Advertising Practices

In response to the allegations, Burger King has firmly maintained that “the plaintiffs’ claims are false.” A spokesperson for the company stated that the same beef patties featured in their advertisements are identical to those served to customers in their restaurants. The company has argued that their marketing materials simply present their food items in an appetizing manner, which they describe as having “styled sandwiches more beautifully” for promotional purposes—a practice they suggest is standard throughout the food industry and understood by reasonable consumers.

The lawsuit claims that Burger King has been gradually increasing the size of its Whopper in advertisements since September 2017, despite making no actual changes to the recipe or amount of ingredients used in the sandwiches served to customers. This alleged discrepancy forms a central part of the plaintiffs’ argument that the company is deliberately misleading consumers about what they can expect to receive when ordering their products. The complaint specifically notes that the advertised burgers appear to contain double the meat compared to the actual product.

Implications for Fast Food Advertising

This lawsuit against Burger King comes at a time when fast food advertising practices are facing increased scrutiny. A similar lawsuit targeting McDonald’s and Wendy’s for alleged false advertising was dismissed in September, suggesting that courts may be establishing clearer boundaries on what constitutes acceptable marketing versus deceptive practices. The Burger King case could potentially set a significant precedent for how food items can be portrayed in advertisements and what level of visual enhancement crosses the line into misrepresentation.

The case also highlights that Burger King isn’t the only fast food chain facing legal challenges over advertising practices. Subway is currently battling its own lawsuit, where it is alleged the company makes misleading representations about the amount of meat in its sandwiches. These legal actions reflect growing consumer expectations for transparency and accuracy in food advertising, particularly as social media makes it easier for customers to share comparisons between advertised products and what they actually receive. The outcome of this lawsuit could influence advertising standards across the entire fast food industry.