Burger King sued over misleading Whopper Ads

For years, Burger King’s Whopper has been marketed as a hefty, satisfying burger. But now, the fast-food giant finds itself at the center of a legal battle over just how hefty that burger really is.

A federal judge ruled this week that a class-action lawsuit accusing Burger King of false advertising can move forward.

The lawsuit, originally filed by 19 customers from across 13 states, claims that the company has been overstating the size of its Whoppers in marketing materials since at least 2017.

The plaintiffs argue that Burger King's in-store menu displays feature burgers that look up to 35% larger than the sandwiches actually served.

They contend this discrepancy amounts to deceptive marketing and has misled consumers into believing they were getting more for their money.

In his ruling, U.S. District Judge Roy Altman acknowledged that the case raises issues that go beyond the usual "puffery" found in advertising.

"It is plausible that a reasonable consumer would be misled," Altman wrote, rejecting Burger King’s attempt to have the case dismissed.

However, the judge did narrow the scope of the lawsuit. Claims related to television and online advertisements were thrown out.

The focus now remains solely on what customers see when they walk into a Burger King restaurant.

Burger King Responds

In a statement, Burger King denied any wrongdoing. The company insists that the same flame-grilled beef patties featured in its advertisements are used in the burgers served to customers.

The company also defended the practice of food styling, where items in ads are prepared for maximum visual appeal, a long-standing industry norm that’s common across fast food and restaurant marketing.

"Our guests understand that marketing images are designed to make food look as appetizing as possible," a Burger King spokesperson said.

A Bigger Trend in Fast Food Advertising Lawsuits

This isn’t the first time fast food advertising has come under legal scrutiny. In recent years, chains like McDonald’s and Wendy’s have faced similar lawsuits, though some of those cases were dismissed.

Legal experts say the outcome of the Burger King case could set a new standard for what counts as acceptable advertising in the fast food industry.

If the plaintiffs succeed, it could force not only Burger King but other companies to rethink how they depict their products.

"This could have ripple effects throughout the industry," said Mark Feldman, a Miami-based attorney specializing in consumer protection law.

"It’s about transparency and trust. Companies need to be careful not to cross the line between persuasive marketing and outright deception."