Burger King is facing a lawsuit that claims the company misleads customers about the size of its food in advertisements. A U.S. District Judge in Miami, Roy Altman, decided on Monday that there is a reasonable chance some customers might be confused by how the Whopper and other menu items are presented in ads.
Nineteen customers from 13 different states have accused Burger King of exaggerating the size of nearly all its menu items in both in-store and online promotions. They pointed out that the ads show burgers overflowing from their buns, with the Whopper appearing 35% larger than it really is and having more than double the meat.
Burger King admitted that its photographers make the sandwiches look better than what customers receive in stores. However, the company argues that most customers understand that these images are meant to make the food look appealing. Despite this, Judge Altman noted that the allegations suggest Burger King’s ads go beyond simple exaggeration.
This case differs from a recent one against McDonald’s and Wendy’s, which was dismissed in September 2023. Judge Altman highlighted that Burger King’s alleged misrepresentation of product sizes is more significant, especially in ads released after 2017, where the Whopper appears larger than in earlier promotions.
Burger King, which is owned by Restaurant Brands International, also operates Tim Hortons, Popeyes, and Firehouse Subs. In response to the lawsuit, the company stated that the beef patties shown in their ads are the same ones used in the millions of burgers sold across the U.S.
Anthony Russo, a lawyer representing the plaintiffs, expressed satisfaction with the judge’s decision. Meanwhile, a similar lawsuit against Subway is currently pending in Brooklyn.
The case is officially known as Coleman et al v Burger King Corp, filed in the U.S. District Court for the Southern District of Florida.